GAV DEVELOPERS PVT. LTD. Vs. PUBLISHERS DAINIK JAGRAN

JUDGEMENT

(1.) The Appellant is aggrieved by the impugned order dtd. 31/3/2017 vide which the Learned Additional District Judge, Shahdara District, Karkardooma, Delhi ('Learned Trial Court') in civil suit bearing number C.S. No. 1985/2016 titled as 'M/s GAV Developers Pvt Ltd. vs. The Publishers, The Dainik Jagran Newspapers and Ors.' returned the plaint of the Appellant under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') on an application moved by the Respondents No. 2 to No. 5 herein under Order VII and Rule 11 of CPC seeking rejection of the plaint of the Appellant herein. The Learned Trial Court further held that the Court in Dehradun has the territorial jurisdiction to entertain the civil suit filed by the Appellant herein and the same be filed there. Thus, the Appellant through its duly authorized representative Sh. Rajnish Gupta vide board resolution dtd. 10/4/2016, has filed the present appeal under Order XLIII Rule 1(a) CPC.

(2.) For the adjudication of the present appeal, it is pertinent to elucidate the background of the case at hand. The Appellant is a company registered under the Companies Act, 1956 vide the Certificate of Incorporation No. 55-91824 of 1997-98 on 21/1/1998 with its registered office located in Yojna Vihar, Delhi and is engaged in the business of building and developing residential colonies and other housing projects since 1998 and 2004 in Delhi NCR and Dehradun, Uttarakhand, respectively.

(3.) During the course of business, the company changed its name from Grah Awas Vikas Private Limited to GAV Developers Private Limited w.e.f. 11/3/2015 vide the Certification of Incorporation dtd. 11/3/2015.