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3. It is mentioned in the plaint that the plaintiff no. 2 Sh. Ashok Kumar Sharma is a person of repute and dealing in business of Custom clearance of Import & Export of shipments of various types through plaintiff no. 1 being one of its Director since long and duly authorized to file the present suit on its behalf. The defendant is manufacturer of various types of remote control instruments and dealing with the plaintiffs and taking services of the plaintiffs for custom clearance and transportation requirements of various consignment of Electronic components, plastic injection moulding machine, remote control keypad, spring set wire etc. imported by defendant from China and other places. The directors of the defendant are managing day to day affairs and conduct of defendant. It is mentioned that in the process of business for the defendant, plaintiff no. 1 raised various bills/ debit notes/ tax invoices against the defendant in regard to the services provided to the defendant from West Delhi office of the plaintiffs as ordered by the defendant to the plaintiff company as per the demands and requirement of defendant, which are as under:-

It is also mentioned at the footnote of all the bills/debit notes/ tax invoices issued by the plaintiff company upon the defendant company and there are certain terms and conditions mentioned therein for which the defendants were bound. All the said invoices became final as no dispute qua the said invoices have been brought to the notice of the plaintiff company by the defendant company within 7 days. The plaintiff has further mentioned that plaintiff is maintaining defendant's company running account at his West Delhi office in regular and ordinary course of business with it wherein the various charges of the services rendered and compliances for the same are debited and whatever payments are received by plaintiff from defendant are credited and in this process, an outstanding amount of Rs. 9,13,495.02 paise is due against the defendant company in the books of the plaintiffs as on 31.03.2018 and the same is still lying unpaid in spite of many requests and reminders made by the plaintiffs. The plaintiffs sent legal notice of demand to the defendant through their counsel vide notice dated 05.01.2019 which was duly served upon the defendant. The defendant did not pay any heed to the said legal notice and did not pay the remaining amount within 15 days of receipt of legal notice. The plaintiff initiated pre-mediation on 06.06.2019 in the Mediation Centre (West), Tis Hazari Court but the matter was not settled. The plaintiff has claimed a sum of Rs. 9,13,495.02 paise from the defendant. The plaintiff has also claimed interest @ 18% per annum from 01.04.2018 till the date of filing of the suit. Plaintiff has also claimed legal notice charges of Rs. 11,000/-. It is prayed that a decree of Rs. 11,47,400/- be passed in favour of the plaintiffs and against the defendant. The plaintiff is has also claimed pendente-lite and future interest @ 18% per annum the dafe of institution of present suit till realization.

11. In evidence in CS (Comm) No. 330/2019, the plaintiff has examined Sh. Ashok Sharma S/o Sh. Jagdish Chand Sharma as PW-1. This witness has filed affidavit on the lines of the plaint. This witness has proved true copy of resolution dated 18.12.2015 as Ex. PW-1/1, original non starter report as Ex. PW-1/2, copy of Aadhar card as Ex. PW-1/3, copy of Memorandum of Articles of Association of plaintiff company as Ex. PW-1/4, computer generated signatory details of defendant company as Ex. PW- 1/5, computer generated copy of bills tax invoices/ debit note as Ex. PW-1/6 to Ex. PW-1/14, the ledger account of the defendant company as Ex. PW-1/15, copy of legal notice of demand as Ex. PW-1/16, original postal receipts are Ex. PW-1/17 (colly), professional charges bill dated 15.02.2019 for legal notice as Ex. PW-1/18, the certificate under S. 65-B of Indian Evidence Act as Ex. PW-1/19 and affidavit of statement of truth as Ex. PW- 1/20.

12. I have heard Ld. Counsels for both the parties at length and perused the record carefully.

13. Now, I am deciding issues framed in CS (Comm) No. 330/2019.

14. ISSUE NO. 1 - Whether this court lacks territorial jurisdiction to try the suit ? (OPD) The burden to prove this issue is upon the defendant. It is contended by Ld. Counsel for defendant that this Court lacks territorial jurisdiction to try the suit.

I have perused the plaint. The plaintiff in para no. 4 of the plaint has mentioned that in the process of business dealings with the defendant no. 1 company, the plaintiff no. 2 on behalf of plaintiff no. 1 company has raised various bills/debit notes/ tax invoices against the defendant no. 1 company i.e. M/s. Laxmi Remote (India) Pvt. Ltd., in regard to the service provided to defendants from West Delhi office of the plaintiffs, as ordered by the defendants to the plaintiff company as per the demands and requirement of the defendant no. 1 company. The defendant has no where denied that plaintiff is not having any office in West District and services were not provided by the plaintiff to the defendant from the West Delhi address of the plaintiff. I am of the view that this court has jurisdiction to try and entertain the present suit as office of plaintiff is within jurisdiction of this court. Accordingly, issue no. 1 is decided in favour of the plaintiff and against the defendant.