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Delhi High Court - Orders

Manava Bharati Society Mussoorie And ... vs Shiv Dutt Bakshi & Ors on 25 July, 2025

Author: Purushaindra Kumar Kaurav

Bench: Purushaindra Kumar Kaurav

                          $~O-17
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(OS) 390/2025 and I.As.14665-66/2025
                                    MANAVA BHARATI SOCIETY MUSSOORIE AND DEHRADUN
                                    & ANR.                                .....Plaintiffs
                                               Through: Mr Arun K. Varma, Sr. Advocate
                                                         with Mr Arun Malik, Advocate.

                                                                  versus

                                    SHIV DUTT BAKSHI & ORS.                 .....Defendants
                                                 Through: Mr Sidharth Chaudhary with Mr
                                                            Rinku Yadav, Advocates.

                          CORAM:
                          HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                            ORDER

% 25.07.2025

1. In paragraph no. 1 of the order dated 30.05.2025, inadvertently, a reference to Section 12 has been made. Let the same be read as Section 13.

2. During the course of hearing, Mr Varma, learned Senior Counsel, who appears on behalf of the plaintiffs, submits that the provisions to Section 13 would have no application under the facts of the present case and according to him, paragraph no.13(i) deals with the jurisdiction clause where the plaintiffs have unequivocally stated that the defendant nos.1 and 2 are main perpetrators of the wrong doings and are residents of Delhi.

3. Mr Chaudhary, learned counsel, who appears on advance instructions, controverts the aforesaid position and submits, on instructions, that the aforesaid position has wrongly been stated by the plaintiffs. He submits that the defendant nos.1 and 2 are not the residents of Delhi. His statement is This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 23:06:17 taken on record.

4. In view of the aforesaid, the Court is of the opinion that the Court at Delhi would not have any jurisdiction. The Court, therefore, is inclined to reject the suit.

5. At this stage, Mr Varma, learned Senior Counsel, appearing for the plaintiffs prays time for taking instructions.

6. Let the matter be listed on 12.08.2025.

PURUSHAINDRA KUMAR KAURAV, J JULY 25, 2025 tr This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 23:06:17