OK PLAY INDIA LIMITED Vs. PRADEEP TAYAL

JUDGEMENT

(1.) Aggrieved by the order dated 22nd May, 2014 whereby the application of the Petitioner/Defendant under Order 7 Rule 11 CPC was dismissed, the Petitioner prefers the present petition.

(2.) A suit for recovery of Rs.1,10760/- with future and pendente-lite interest was filed by Pradeep Tayal against the petitioner (in short M/S OK Play") stating that Pradeep Tayal was running a firm manufacturing and supplying t-shirts, sportswear and caps. M/s OK Play, a Private Limited company placed a Purchase Order No.POOK06001346 dated 29th December, 2006 for supply of T-shirts and jeans pants. After negotiations between the parties, the price was finalized and against the purchase order 300 T-shirts and 322 Jeans pants were supplied to M/S OK Play on 27th July, 2007 in complete quantity and perfect quality along with the retail cash bill dated 27th January, 2007 for Rs.2,54,800/-. M/S OK Play returned back 109 jeans and two T-shirts for alteration. On checking, no defect was found in the jeans and T-shirts, thus Pradeep Tayal required M/S OK Play to lift the said jeans and T-shirts however, it refused to do so. M/S OK Play paid a sum of Rs.50,000/- in advance and Rs.11,084/- vide cheque on 9th May, 2007 leaving the balance of Rs.1,10,760/- legally enforceable liability against the manufacturing and supply of jeans and T-shirt. Despite emails sent by Pradeep Tayal, M/S OK Play did not send the money. A meeting was held on 11th June, 2007 wherein Mr.Rajan Handa on behalf of M/S OK Play agreed to make the payments.

(3.) In the plaint it was stated that the jurisdiction to adjudicate the suit vests in the Delhi Courts as M/S OK Play resides and work for gain within the territorial jurisdiction of the Delhi Court. With the plaint Pradeep Tayal filed documents. The Purchase Order dated 29th December, 2006 mentioned the words "subject to Mewat Jurisdiction? whereas the retail cash bill mentioned "All disputes subject to Delhi Jurisdiction only?.