SHREE BALAJI TRADERS & ORS Vs. VIKAS WSP LIMITED & ANR

JUDGEMENT

(1.) This petition is directed against order dated 11.5.16 passed by the Additional District Judge No.1, Sri Ganganagar in Civil Suit No.2/15, whereby an application preferred by the petitioner under Order VII Rule 11 CPC, stands rejected.

(2.) The relevant facts are that the respondent-plaintiff filed a suit for recovery of Rs.6,65,71,045/- against the petitioner-defendant. As per the averments made in the plaint, the petitioner Company, which deals in Gwar Gum entered into a deal through broker with the defendants to purchase 20,000 bags of Gwar.

(3.) The petitioner-defendant preferred an application under Order VII Rule 11 CPC, seeking rejection of the plaint on the ground that the order for the goods was placed through e-mail at Delhi. The agreement was also entered into at Delhi and the payment was also made in the bank account at Delhi and the defendants are residing and carrying on business at Delhi and therefore, even the part of the cause of action has not accrued within the jurisdiction of the Court at Sri Ganganagar.