M/S J.C Construction v. M/S National Building Constructions Corporation Ltd & ANR

$~31.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 718/2015 M/S J.C CONSTRUCTION ..... Plaintiff Through: Mr. P.N. Sharma, Advocate with Mr. S.N. Gautam, Advocate versus M/S NATIONAL BUILDING CONSTRUCTIONS CORPORATION LTD & ANR ..... Defendants Through: None

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 18.03.2015 I.A. 5537/2015 (exemption) Subject to the plaintiff filing the original/certified copies of the documents annexed with the plaint within four weeks, the application is allowed and disposed of.

CS(OS) 718/2015 1.

Having perused the averments made in the plaint, this Court is of the opinion that it is not vested with the territorial jurisdiction to try and entertain the present suit in view of the fact that the contract, subject matter of the present suit, was executed between the plaintiff and the defendant No.2 in respect of a project situated in Gurgaon and CS(OS) 718/2015

as per the memo of parties, the office of the defendant No.2 is in Gurgaon, Haryana.

2.

Counsel for the plaintiff requests that the plaint may be returned to him for being presented before the appropriate Court vested with the territorial jurisdiction in that regard.

3.

Leave, as prayed for, is granted. The Registry is directed to return the plaint to the counsel for the plaintiff to enable him to present it before the appropriate Court vested with the territorial jurisdiction to entertain the same.

HIMA KOHLI, J MARCH 18, 2015 rkb CS(OS) 718/2015