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Delhi District Court

M/S. Scj Plastics vs . M/S. Swadesh Cable Industries on 26 September, 2011

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           IN THE COURT OF SH. RAJENDER KUMAR SHASTRI
                     ADJ­06 (CENTRAL) / DELHI.

CS NO. 67/10

M/S. SCJ PLASTICS VS. M/S. SWADESH CABLE INDUSTRIES

Present:     Sh. Pankaj Choudhary Advocate for plaintiff.
             Sh. D. K. Mehta Advocate for defendant.

ORDER 

1. This is a suit u/o. 37 CPC for recovery of Rs. 4,39,950/­.

2. As per its case, the plaintiff is a company duty incorporated under The Companies Act, 1956 and deals in master batches and compounds. Defendant is a proprietorship concern, having its factory / office at 9/49, Main Road, Birat Nagr, Nepal. Against the orders placed by the defendant, the plaintiff supplied master batches worth Rs. 4,92,850/­ on credit of 30­45 days. Out of total amount of Rs. 4,92,850/­, defendant made part payment and left a balance of Rs. 2,79,089/­. Despite repeated requests and demands, defendant did not make payment of balance amount. In the background of these facts, plaintiff has approached this court seeking recovery of said amount of Rs. 2,70,089/­ along with cost and interest @ 24% per annum.

3. The defendant, after service of summons for judgment, filed an application u/o. 37 Rule 3 (5) r/w Section 151 CPC, seeking leave to defend the case, which is under consideration today.

4. It is submitted by Ld. Counsel for applicant / defendant no. 1 that this court cannot try present suit as no cause of action arose within jurisdiction of this court, defendant is a resident of and carries on CS NO. 67/10 1/2 2 business in Nepal. Same is registered with Registrar of Companies, Nepal. Moreover, the goods were supplied and payment was to be made in Nepal. The representative of plaintiff approached the defendant in Nepal, where the contract for supply of the goods by the plaintiff was concluded. In this way, this court has no territorial jurisdiction to try and entertain present suit.

5. Apart from aforesaid contention, the defendant has also disputed invoice no. 4165 relied upon by the plaintiff. It is not clear that such invoice was signed by the defendant. Considering all this, defendant has raised a triable issue. Application in hands is allowed. Defendant may file written statement within 30 days from today.

6. To come for further proceedings on 03.11.2011.

Announced in the open court today                                 [Rajender Kumar Shastri]
i.e. 26.09.2011                                                     ADJ :06 (Central)/Delhi




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