Exxon Mobil Corporation & ANR v. Mr P K Sen

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2375/2015, I.A. 11566/2016, I.A. 16263/2015 EXXON MOBIL CORPORATION & ANR ..... Plaintiffs Through:

Ms. Anuradha Salhotra, Advocate along with Mr. Sumit Wadhwa and Mr. Yatin Grover, Advocate.

versus MR P K SEN ..... Defendant Through:

Ms. Kartika Chaudhory, Advocate along with Mr. Shatadru Chakraborty, Advocate.

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 17.01.2017 Learned counsel for the plaintiffs seeks an adjournment on the ground that they are preparing SLP against the order dated 04.01.2017 of Division Bench in FAO (OS) 290/2016 whereby the Division Bench has held that this Court has no jurisdiction to entertain the present suit. Learned counsel for the defendant has objected to this adjournment on the ground that since there is a specific direction of the Division Bench to return the plaint to the plaintiff, this court is bound to follow the said directions.

I have gone through the judgment dated 04.01.2017 of the Division Bench.

The Division Bench has clearly held that "this court would not have territorial jurisdiction to entertain the present suit even if the aforesaid assumptions, which are all in favour of the respondents, are made. The appeal is, therefore, allowed and the impugned judgment is set aside. The plaint be returned to the plaintiff for filing in the court, having jurisdiction in the matter. There shall be no order as to costs." In view of this, no further adjournment can be given in the matter.

The plaint is hereby returned to the plaintiff for filing in the Court of jurisdiction. Registry is directed to do the needful. The matter stands disposed of.

DEEPA SHARMA, J JANUARY 17, 2017 sapna