LAWS(DLH)-2018-1-673

RAJESH KUMAR MAKHIJA Vs. DEVENDRA NATH SHUKLA

Decided On January 03, 2018
Rajesh Kumar Makhija Appellant
V/S
Devendra Nath Shukla Respondents

JUDGEMENT

(1.) Present application has been filed on behalf of the defendant under Order VII Rule 11 Civil P.C. on the ground that this Court has no territorial jurisdiction to entertain the present suit.

(2.) Learned counsel for the defendant states that the label/pouch filed by the plaintiff at page no.156 of the documents file does not pertain to the defendant.

(3.) He further refers to the memo of parties to contend that while the plaintiff has his registered office at Kanpur, the defendant has his registered office at Kota, Rajasthan and consequently this Court has no territorial jurisdiction to entertain the present suit. In support of his submissions, he relies upon the judgments of this Court in Nav Shikha Polypack Ind. Pvt. Ltd. Vs. Mohmmad Rashid & Ors., CS(OS) No.1073/2013 dated 08th Sept., 2016 and Kisan Mouldings Ltd. Vs. Konark Polytubes (P) Ltd., CS(OS) No.1614/2015 dated 17th Feb., 2016.