...by the plaintiff mentioned that the disputes would be subject to Delhi jurisdiction.”2. The learned Counsel for the defendant, while referring to the aforesaid averments made in the...Mumbai. Therefore, according to him, no part of cause of action has arisen within the territorial jurisdiction of this Court. As such, this Court would not have jurisdiction to entertain the present suit. He submit...plaintiff, however, contended that this Court has territorial jurisdiction on account of two factors. The first factor being that the bills raised by the plaintiff had the words ‘subject to Delhi ...

...the plaint it was stated that the jurisdiction to adjudicate the suit vests in the Delhi Courts as M/s. OK Play resides and work for gain within the territorial jurisdiction of the Delhi Court. With the pl...Mewat Jurisdiction’ whereas the retail cash bill mentioned ‘All disputes subject to Delhi Jurisdiction only...concluded. As per the purchase order the jurisdiction vested in the Mewat Courts and the retail cash bill of Pradeep Tayal noting that “all disputes were subject to Delhi jurisdiction only” was frivolous...

...of liabilities. It was further their case that there was a jurisdiction clause in the invoices which provide that all disputes are subject to Delhi jurisdiction. Based on all this, it was submitted...at Delhi and further that there was a jurisdiction clause in the invoices mentioning “all disputes are subject to Delhi jurisdiction”. The learned counsel for the petitioner submitted that no part...payments which were received were credited in the accounts of respondent at Delhi and further that as per the jurisdiction clause all disputes are subject to Delhi jurisdiction. The submission of...

...has further laid great stress an the words “subject to Delhi jurisdiction” printed on the front side of the bill No. 1236 dated 24-2-1977. According to the learned counsel these two documents are...so far as the plaintiff was concerned there was no restriction on him to institute a suit at any place where the cause of action arose or the defendant resided. As regards the words “subject to Delhi ...plaintiff. It is also submitted that the mere use of the words “subject to Delhi jurisdiction” did not oust the jurisdiction of other Courts. Reliance is placed on Grandhi Pitchaiah Venkataraju and...

...taken legal objection regarding jurisdiction under section 12 of the amended Carriage Act. He has referred to the condition printed on the receipt that in case of any dispute, it will be subject to Delhi ...DCF is also not accepted. The cause of action arose at Ajmer where the goods were booked though the receipt of the carrier mentions that dispute will be subject to Delhi jurisdiction but we think that...payment. When the valuation of the goods has been disclosed to the transporter, carrier cannot insist for damages on the basis of ten times of freight. The arguments regarding jurisdiction of the Ajmer...

...shall be referred to the Arbitrator. The agreement also provided that all the disputes shall be subject to Delhi jurisdiction.3. From the letters/correspondence placed on record by the...parties, though by consent, can chose one out of the two Courts, having jurisdiction. In the present case, the subject matter of the agreement between the parties had no connection with Delhi. The...pass an order accordingly.5. Even otherwise, I consider that this Court has no jurisdiction to entertain the application. An application under Section 9 can be made before a Court of...

...Court has jurisdiction to entertain and try the suit.4. Vide the impugned order the learned Civil Judge held that since part of cause of action accrued in Delhi and even the payments were made to M/s....Delhi jurisdiction only”, thus the parties had agreed to subject themselves.... The delivery was preeceded by an agreement entered into between the parties to supply the goods from Delhi at Trivandrum and payment was to made at Delhi. Since both the Courts had jurisdiction ...

...of the society, considered only the preliminary point relating to jurisdiction of the Arbitrator to entertain and decide the dispute, upheld the contentions of the appellants therein, respondents 1 and 2 herein, that by vir...defence case is that the contract of sale was subject to the condition that the disputes if any between the parties were to be settled in the Delhi courts only. The plaintiff's case is that there was no such contra...been an agreement between the parties that the dispute between them shall be tried only in the courts at Delhi. It was relying on the words “subject to Delhi jurisdiction” printed on the top of Ext. A4...

...dispute will be subject to Delhi jurisdiction.The word incorporate in invoices that all disputes shall be subject to Delhi jurisdiction does not show anywhere that ...trial Court, and the appellant/plaintiff succeeded in proving his case on merits. The suit was dismissed on the ground that the Courts at Delhi had no territorial jurisdiction to try the suit...order dated 22.8.20033. With respect to the issue of territorial jurisdiction, which was issue No. 2, the trial Court has held that the Courts at Delhi had no territorial jurisdiction...

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...from the consignor. Objection was also taken that the State Commission had no jurisdiction to entertain and try the complaint as there was a contract between the parties that all the disputes would be subject to ...has jurisdiction to entertain and try the complaint was wrong and contrary to facts and law. According to him, there was a condition printed on the GR that all dispute would be subject to ...the attention of the complainant was drawn to the said condition at or before the delivery of the goods receipt. There was no proof that the condition relating to jurisdiction was the result of a negotiated contract. The co...

...that he was an 80-year-old person and was not able to attend the proceedings of the District Forum. It was also submitted in that letter that all disputes are subject to Delhi jurisdiction and will be...record. The District Forum has accepted the assertion of the opposite party that resolution of any dispute would be subject to Delhi jurisdiction by the sole arbitrator to be appointed by the opposite...decided by sole arbitrator to be appointed by the opposite party. The District Forum dismissed the complaint as not maintainable for want of territorial jurisdiction vide its order dated 21.04.2017...

... no ample jurisdiction to try over the present dispute. In this connection, we have fortified with the verdicts of the Hon'ble National Commission in the case between Bhandari Interstate Carriers and another V...State Commission, Rajasthan had jurisdiction to entertain the complaint? - State Commission held that there was no proof that the condition relating to jurisdiction was the result of a negotiated ...has no territorial jurisdiction to entertain the complaint since cause of action and the place of business of the OPs is at Bhubaneswar. Learned District Forum without understanding the plea of the...

...letter that all disputes are subject to Delhi jurisdiction and will be decided by sole arbitrator to be appointed by the opposite party. The District Forum dismissed the complaint as not maintainable...dispute would be subject to Delhi jurisdiction by the sole arbitrator to be appointed by the opposite party. It is now a settled law that any provision in respect of resolution of dispute through...arbitration in the agreement would not debar a party to avail the jurisdiction of a consumer forum. This Commission in Aftab has held thatSingh and Ors vs EMAAR MGF Land Ltd. and Ors...

...towards copy of receipt dated 28.08.2010 which is placed at page-44. The same contains a clause at the bottom that all disputes are subject to Delhi jurisdiction only. Such clause is not enforceable...office of the OP is in Delhi. So this Commission has territorial jurisdiction. There is no distinction between registered office and branch office. The Hon'ble Supreme Court ruled in Soni Surgical Vs...agreement purports to have been executed in Noida but same was actually executed in registered office in Pusa Road, near Karol Bagh Metro Station, New Delhi. The said contention cannot be accepted to...

...subject to Delhi Jurisdiction. The language of arbitration proceedings shall be English." 7. In view of the above, the present petition is allowed. Accordingly... ARB.P. 90/2021 Page 1 of 4 $~1(2021) * IN THE HIGH COURT OF DELHI AT NEW DELHI...the petitioner and in pursuance to said business dealing, for the period between 01.04.2018 till 04.12.2019, a total amount of Rs.15,72,850/- including interest @18% per annum till 04.12.2019 for the...

.... Specific reference was made to Clause 2 of the terms and conditions of sale which states that all disputes are subject to Delhi Jurisdiction only. Our attention was also drawn to Clause 4 thereo...disputes are subject to Delhi Jurisdiction, it is the settled position of law that Court cannot derive jurisdiction in respect of a matter in respect of which otherwise the said Court does not have...Dr. Mukundakam Sharma, C.J (Oral):— This appeal is directed against the order dated 20.12.2007 passed by the learned Single Judge holding that Delhi Court shall have no jurisdiction to...

...the invoices.14. Insofar as the issue of jurisdiction is concerned, it is seen that all the invoices raised by the plaintiff expressly provided that “All disputes are subject to Delhi ...the C forms in respect of the invoices.7. The defences sought to be set up by RPPL broadly are that (i) this Court does not have any jurisdiction as no part of cause of action has...”. SRP further claims that the payments were to be made in Delhi. Indisputably, a part of the cause of action has arisen in Delhi and in view of the express stipulation in the...

...goods were supplied on the basis of purchase order placed by the respondent upon the appellant which contains a clause that disputes will be subject to jurisdiction of Faridabad courts only. Out of the aforesaid amount resp...arisen in Delhi. Merely, because one of the standard printed terms of the quotation, mentioned, subject to “Bombay Jurisdiction”, it cannot exclude the Delhi Jurisdiction. It was not an exclusiona...any would be subject to Faridabad jurisdiction and that the order placed was subject to terms and conditions which include the issue of jurisdiction also.19. No doubt, the copies of...

...regarding the bill and no reduction in rate(s) will be entertained if not made in writing within a week of the date of the bill and that the disputes between the parties are subject to Delhi jurisdiction. Thus..., Tropical Building, New Delhi. In addition to the aforementioned amount of Rs. 21,22,029/-, a sum of Rs. 12,70,652/49P has been claimed towards interest @ 24% per annum from the due dates till November 15.... Punjab Pen House v. M/s. Samrat Bicycle Ltd., AIR 1992 Delhi 1, argument advanced by the learned counsel of the plaintiff was that the suit is based on bills which amount to a written contract...