Full Judgment Text
$~106
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of decision: 25 October, 2024
+ CM(M) 3720/2024 & CM APPL. 63339-63340/2024
GAUTAM SEHGAL .....Petitioner
Through: Ms. Kangan Roda, Mr. Nishant
Bhargava and Mr. Chirantan
Priyadarshan, Advocates
versus
WELL TRANS LOGISTICS PRIVATE LIMITED .....Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CM APPL. 63339/2024 (exemption)
Exemption allowed, subject to all just exceptions.
CM(M) 3720/2024 & CM APPL. 63340/2024
1. Petitioner is defendant before the learned Trial Court and is aggrieved
by order dated 03.09.2024 whereby his application moved under Order VII
Rule 10 CPC has been dismissed.
2. A bare perusal of the aforesaid order would indicate that learned Trial
Court, in view of the averments made by the plaintiff in its plaint, came to the
conclusion that part of cause of action had also accrued or arisen within the
territorial jurisdiction of this Court.
3. There is no qualm with respect to the settled legal position that while
considering any such application, Court is required to confine itself to the
Signature Not Verified
CM(M) 3720/2024 1
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:28.10.2024
18:34:35
averments made in the plaint and whether any such meeting took place in
Delhi or not, would rather be a question of fact and such fact cannot be
disregarded at the threshold of the case, while considering any such
application moved under Order VII Rule 10 CPC.
4. When asked, learned counsel for petitioner informed that issues have
already been framed by the learned Trial Court and issue with respect to
territorial jurisdiction is also one of those.
5. Keeping in mind the overall facts of the case, the present petition is
disposed of with the direction that while considering the aforesaid issue
related to territorial aspect at the stage of final arguments, learned Trial Court
shall address the same in accordance with the evidence led /to be led by the
parties and would not get influenced by the aforesaid impugned order.
6. Present petition stands disposed of in the aforesaid terms.
(MANOJ JAIN)
JUDGE
OCTOBER 25, 2024 /dr
Signature Not Verified
CM(M) 3720/2024 2
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:28.10.2024
18:34:35