SATYAPA Vs. SLICK AUTO ACCESSORIES PVT LTD

JUDGEMENT

(1.) This second appeal is filed under Section 100 CPC impugning the judgment of the first appellate court dated 25.10.2012 by which the first appellate court has accepted the appeal filed by the defendants and set aside the judgment and decree dated 30.01.2012 passed by the trial court for an amount of Rs. 98,880/- along with interest @ 18% per annum on the amount of Rs. 32,960/- w.e.f 7.7.2007 and on Rs. 65,920/- w.e.f 16.7.2007 i.e. interest has been granted from the date of the bills. Pendente lite and future interest is awarded @ 12% per annum simple. Suit has been decreed for goods which were supplied by the appellant/plaintiff to the respondent no. 1 herein/defendant no.1.

(2.) For the disposal of this regular second appeal, the following substantial question of law is framed:

(3.) The first appellate court by the impugned judgment has set aside the judgment of the trial court by holding that the courts at Delhi had no territorial jurisdiction because goods were supplied to respondent no.1/buyer at Bhiwadi in Rajasthan. The relevant observations of the first appellate court holding that the courts at Delhi have no territorial jurisdiction read as under :