It was also pleaded that numberwithstanding the aforesaid clause 17 of the purchase order, the companytract for supply of companyrse filters and fine filters was entered into between the parties at Bombay and the advance payment of Rs.1,16,353.44 was made by the defendant to the plaintiff at Bombay.
CA/32/95 dated 31.5.1995 with M s Puromatic Filters Pvt.
The respondent M s Puromatic Filters Pvt.
Arising out of Special Leave Petition Civil No.5552 of 2002 P. MATHUR,J. Leave granted.
Ltd., 12, S.I.D.C. Scheme II, Okhla Industrial Area, Phase II, New Delhi, accordingly filed Suit No.162 of 1997 in the Court of District Judge, Delhi, for recovery of Rs.3,93,344.80 and pendente lite and future interest at the rate of 24 per cent per annum from the date of filing of the suit till the date of realization of the decretal amount.
of India Ltd., the value of goods was to be paid by the defendant to the plaintiff at Delhi and as such this Honble Court is having jurisdiction to try and adjudicate upon the matter in dispute.
This appeal is directed against the judgment and order dated 21.12.2001 of the High Court of Delhi by which the appeal preferred by the appellant against the order of rejection of the appellants application under Order VII Rule 10 CPC passed by the Additional District Judge, Delhi on 28.3.1998 was dismissed.
The appellant Hanil Era Textiles Limited, New Era House, Mogul Lane, Matunga West , Bombay placed a purchase order bearing No.
The appellant defendant in the suit moved an application under Section 20 read with Order VII Rule 10 and Section 151 CPC before the trial Court praying that the plaint in Suit No.162 of 1997 be returned for presentation before the Court having territorial jurisdiction in which the suit should have been instituted.
