AMS BUILDING MATERIALS Vs. POOJA GARG

JUDGEMENT

(1.) AGGRIEVED by the order dated 5th September, 2014 disposing of the preliminary issue raised by the petitioner/defendant in Suit No. 220/13 titled as "Smt. Pooja Garg Vs. M/s. AMS Building Materials", the petitioner M/s. AMS Building Material (in short M/s. AMS) files the present petition.

(2.) ISSUE No.2 framed by the learned Trial Court was "Whether this Court has no territorial jurisdiction to entertain and try the present suit "(OPD)". Arguments were addressed by the parties and vide the impugned order it was held that the Court at Delhi had territorial jurisdiction to entertain the suit and the trial court thus decided the issue against the petitioner/defendant and in favour of the plaintiff/respondent.

(3.) SMT . Pooja Garg filed a plaint for recovery of Rs. 2,57,137/ - stating that she was the proprietor of M/s. Tirupati Traders which business was being looked after by her manager/ special attorney Shri Jagveer Singh with the help of her husband. M/s. AMS has been purchasing kitchen accessories on credit from Smt. Pooja Garg and making payment on account of such purchases. Pooja Garg was maintaining accounts in ordinary course of business including accounts of M/s. AMS. Despite M/s. AMS paying Rs. 1 lakh on 24th August, 2011 there was an outstanding amount of Rs. 1,81,403/ - as against the purchases made on credit from Smt. Pooja Garg by M/s. AMS. Despite several request M/s. AMS failed to make payment of Rs. 1,81,403/ -, hence the suit for recovery of the principal amount along with the interest was filed. In paragraph relating to jurisdiction it was stated that the goods were supplied to defendant from Delhi and the plaintiff had raised bills towards the goods at Delhi and thus Delhi Court has jurisdiction to entertain and try the suit.