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3. Summons for settlement of issues was sent to the defendant and appearance was duly made on its behalf and a written statement was filed. In its written statement, defendant in his preliminary objections inter-alia claimed that the suit of the plaintiff is liable to be rejected being barred by territorial jurisdiction in terms of section 6 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. It is stated by the defendant that the contract was signed on 01-07- 2019 in the registered office of the defendant at M/s. Shirdi Industries Limited, Plot No. 1, Sector 9 IIE, Pant Nagar Industrial Area, Rudrapur, Uttarakhand and various goods were allegedly transported at the behest of the defendant to various places not falling within the jurisdiction of this Court and also that the tax CS (COMM.) No. 612/2021 Om Logistics Limited Vs Shirdi Industries Ltd Page No.4 of 17 invoices were raised by the plaintiff from its registered office at Plot No. 24-C, Sector 2 Industrial Estate, SIDCUL, Udham Singh Nagar, Uttarakhand. Defendant has further claimed that the General Terms and Conditions of the Purchase Order uploaded in the website of the defendant http;www.asisindia.com under head Tender and Notices with regard to purchase order terms and conditions, para 31 reads as "place of jurisdiction for any dispute shall be place of delivery of supply". It is stated that the invoices in dispute were not raised within the jurisdiction of this court and therefore the suit is liable to be rejected.

11. PW-2 Sh Pawan Singh Bisht in his affidavit of evidence Ex. PW-

2/A has stated that he was working as Accounts Officer in the plaintiff company and has been authorized to depose vide authority letter Ex. PW-2/1 executed in his favour by plaintiff company. PW-2 also proved certificate under section 65 B of Indian Evidence Act as Ex. PW-2/2 in support of documents Ex. PW-1/4, Ex. PW-1/5 and Ex. PW-1/6 exhibited during the examination of PW-1.

12. Defendant examined DW-1 Sh Ramesh Sharma (Authorized Representative and Manager, Accounts of the defendant) as its sole witness who tendered his evidence by way of affidavit Ex.DW-1/A and has broadly deposed on lines of written statement. In his affidavit of evidence he has stated that he is CS (COMM.) No. 612/2021 Om Logistics Limited Vs Shirdi Industries Ltd Page No.8 of 17 authorized person to appear before this court vide Ex. DW-1/1, board resolution executed in his favour. DW-1 also relied on agreement dated 01-07-2019 (already Ex. PW-1/3) as Ex. DW-1/2 and has deposed about the General Terms and Conditions of the Purchase Order uploaded in the website of the defendant http;www.asisindia.com under head Tender and Notices with regard to purchase order terms and conditions as Mark A.

"Whether this court has no territorial jurisdiction to try the matter? OPD"

21. The onus to prove this issue was on the defendant. The clause 31 of the document Mark A qua the General Terms and Conditions of the Purchase Order uploaded in the website of the defendant http;www.asisindia.com under head Tender and Notices with regard to purchase order terms and conditions mentioning "place of jurisdiction for any dispute shall be place of delivery of supply", was not duly proved by the defendant and also was not part of the agreement dated 1-07-2019 Ex. PW-1/3 executed between the parties. Hence, the same does not stand proved. The defendant has claimed that agreement dated 01-07-2019 Ex. PW- 1/3 was executed at its office at M/s. Shirdi Industries Limited, Plot No. 1, Sector 9 IIE, Pant Nagar Industrial Area, Rudrapur, Uttarakhand and the plaintiff has transported the goods of the defendant outside the territorial jurisdiction of this court and hence this court has no territorial jurisdiction to try the present CS (COMM.) No. 612/2021 Om Logistics Limited Vs Shirdi Industries Ltd Page No.13 of 17 suit. However, there is no specific denial of the defendant to the averment made by the plaintiff in its plaint that the official of the defendant company telephonically approached an official of plaintiff's company at its registered office (i.e. 130, Transport Center, Ring Road, Near Punjabi Bagh Flyover, New Delhi 110035 as mentioned in the memo of parties) in the year 2018 for transportation of their consignments throughout India by the plaintiff. Further, the defendant has admitted in its written statement that in 2018, the officials from the defendant company also visited the plaintiff company at its registered office in order to be ensured about the infrastructure of the plaintiff company and also met the Senior Management persons as well before striking the deal, at the registered office of the plaintiff which is within the territorial jurisdiction of this court. The agreement dated 01-07- 2019 Ex. PW-1/3 executed between the parties mentions the registered office address of the plaintiff as 130, Transport Center, Ring Road, Near Punjabi Bagh Flyover, New Delhi 110035, which is within the territorial jurisdiction of this court. Furthermore, the document Ex. PW-1/4 (Colly) which are the bills/acknowledgment of bills/proof of delivery/GR raised upon defendant towards the freight charges for the transportation carried out by the plaintiff mentions "subject to Delhi Jurisdiction only". No denial suggestion has been given on this aspect by the defendant and therefore the said fact is also deemed to be CS (COMM.) No. 612/2021 Om Logistics Limited Vs Shirdi Industries Ltd Page No.14 of 17 admitted. From the same and as per section 20 (c) of CPC, since the part of cause of action arose within the territorial jurisdiction of this court therefore this court has territorial jurisdiction to try the present matter. Also, DW-1 in his cross-examination has admitted that he is working in the office of the defendant at Plot No. 94/7, Block No. 2, WHS, Kirti Nagar, Delhi and looks after reconciliation of accounts and other commercial activities on behalf of the defendant. Thus, from the same and in view of the fact that one of the offices of defendant was situated in the territorial jurisdiction of this court from where also some of the business activities of defendant being run, therefore as per Section 20 (a) CPC, the territorial jurisdiction of this court is made out.