Shree Radhey Kunj Dairy And Milk Products Private Limited v. Delicia Foods India Private Limited & ORS

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 82/2015 SHREE RADHEY KUNJ DAIRY AND MILK PRODUCTS PRIVATE LIMITED ..... Petitioner Through:

Mr. B.B. Pradhan and Mr. Kishor Kumar, Advs.

versus DELICIA FOODS INDIA PRIVATE LIMITED & ORS ..... Respondents Through:

Mr. Atul Patni, Adv.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.02.2018 1.

The petitioner impugns judgment dated 10.10.2014 directing return of the complaint for being presented in the Court having territorial jurisdiction at Uttrakhand. This order was passed on the ground that the drawee bank was located at Uttrakhand. 2.

In view of the amendment to Section 138 (2) of Negotiable Instruments Act, 1881, the present complaint would be maintainable within the territorial jurisdiction of the Court at Delhi. 3.

In view of the above, the impugned order is set aside. The complaint is restored to its original number. 4.

The trial court is directed to proceed with the complaint in accordance with law. The parties shall appear before the trial court for CRL.REV.P. 82/2015

directions on 06.03.2018. The trial court record be transmitted back to the trial court forthwith.

5.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J FEBRUARY 09, 2018 'rs'

CRL.REV.P. 82/2015