M/S R N Metals v. Shree Nath Industries

$~A-66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 1007/2015 M/S.R.N.METALS

...Petitioner

Through Mr.Pradeep Dhingra, Adv.

versus SHREE NATH INDUSTRIES ..... Respondent Through Ms.Suman Arora, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 17.01.2017 Pursuant to order dated 13.1.2017 the petitioner had sought time to take instructions in the matter regarding territorial jurisdiction of this court in view of the fact that a issue to that effect has already been framed. He submits that inadvertently it was stated that an issue regarding the territorial jurisdiction had been framed when actually no such issue had been framed. He has placed on record copy of the order dated 27.8.2015 which shows that no such issue had been framed regarding the territorial jurisdiction of this court.

The parties agree that it would be appropriate to frame an appropriate issue in this regard. Accordingly following additional issue is framed:- (i) Whether the courts in Delhi have the territorial jurisdiction to try the present suit? OPP In view of the above, this issue would be adjudicated upon uninfluenced by any observations made by the trial court while dismissing the application under Order 7 Rule 10 CPC which findings were only prima CM(M)1007/2015

facie in nature.

The present petition stands disposed of as above. All pending applications, if any, also stand disposed of accordingly. JAYANT NATH, J JANUARY 17, 2017 n CM(M)1007/2015