TIRUMALA TIRUPATI DEVASTHANAM Vs. SHREE DISTRIBUTORS

JUDGEMENT

(1.) The Respondent filed O.S. No. 1557 of 2006 against the Petitioner in the Court of Additional Judge, City Small Causes Court-cum-VI Senior Civil Judge, City Civil Court, Hyderabad, for recovery of ' 1,08,042/-. The suit claim arises out of a contract between the parties. The Petitioner invited tenders for supply of Art Paper Material for the year 2004-05, and the tender submitted by the Respondent was accepted on 30-04-2004. Material worth ' 24,01,373/- was supplied by the Respondent, and the entire amount, except a sum of ' 1,08,042/-, was paid by the Petitioner. The said amount was withheld, on the ground that some quantity, supplied by the Respondent, did not accord with specifications.

(2.) On receipt of summons in the suit, the Petitioner filed written-statement. Apart from denying its liability to pay the amount, the Petitioner raised an objection, as to the territorial jurisdiction of the trial Court. It has also filed I.A. No. 174 of 2008, under Rule 2(2)(a) of Order XIV Code of Civil Procedure., with a prayer to pronounce the judgment on the preliminary issue, as to the territorial jurisdiction. The I.A. was opposed by the Respondent. The trial Court dismissed the I.A., through its order dated 11-08-2009. Hence, this revision.

(3.) Sri Y.V. Ravi Prasad, learned Counsel for the Petitioner submits that the tender notice was issued from the office of the Tirumala Tirupati Devasthanams, and its administrative office exists at that place, and there was absolutely no basis for the Respondent to file the suit in a Court at Hyderabad. He contends that the contract was also concluded at Tirupati, and the material was supplied to that place. Learned Counsel submits that the mere fact that the material was supplied from Hyderabad, does not constitute the basis, to file a suit in a Court at that place.