SHRIRAM ENERGY SYSTEMS LTD Vs. BURUGU IDDAIAH

JUDGEMENT

(1.) The Respondent filed O.S. No. 59 of 2009 in the Court of District Judge, Nalgonda, against the Petitioners for recovery of an amount of Rs. 72,34,518/-. It was pleaded that the Respondent is partner of three Rice Mills at Miryalaguda, Nalgonda District, and that the Petitioners have entered into agreement with him for supply of rice husk, to be used as fuel for their power plants. According to him, as against the supplies made between 2006 to 2009 to the tune of Rs. 73,29,518/-, only Rs. 1,00,000/- was paid and that there is balance of Rs. 72,34,518/-. The Petitioners received summons in the suit. They filed this transfer civil miscellaneous petition with a prayer to transfer the suit to a Court of competent jurisdiction at Hyderabad. According to them, the suit is required to be filed at a place where the Defendants reside and the 1st Petitioner being a Private Limited Company, the suit must be filed at Hyderabad, where its registered office is situated. Reliance is placed upon the judgment of the Honourable Supreme Court in Patel Roadways Limited Bombay v. Prasad Trading Co. and Patel Roadways Limited, Bombay v. Tropical Agro Systems Pvt. Ltd. and Anr., 1991 4 SCC 270.

(2.) Heard the learned Counsel for the Petitioners and the learned Counsel for the Respondent.

(3.) The suit was filed in the Court of the District Judge, Nalgonda, stating that the cause of action has arisen within the territorial jurisdiction of that Court. The only ground on which the Petitioners seek transfer of the suit is that the registered office of the 1st Petitioner is situated at Hyderabad and that the other two Petitioners are also residents of Hyderabad. The emphasis is more upon the location of the registered office of the 1st Petitioner.