Full Order Text
Final Order 1 · 16 Feb 2018 · CNR MHCC010018552018
Order Details: Notice of Motion Pdf Text: CNR.NO.MHCC010018552018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 468 OF 2018 IN S.C. SUIT NO.307 OF 2015 Shree LTC Export India Private Limited .... Plaintiff V/S. Yashwantrao Mohite Krishna SSK Limited. .... Defendant Advocate Shri. Vijay Sharma for Plaintiff. Advocate Shri. Mhatugade for Defendant. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Asstt.Judge CR No. : 32 Dated : 16th February 2018 ORDER 1. Plaintiff took out this Notice of Motion for return of plaint as per Order VII Rule 10 of Code of Civil Procedure. 2. Present suit is for recovery of Rs.32,22,000/ with interest against defendants. Defendant is Sahakari Sakhar Karkhana registered under the Maharashtra Cooperative Societies Act, 1960. Agreement was executed in between the parties on 08.09.2011. As per clause 26 of the said agreement, if any dispute or differences arise in between the parties in respect of this contract, whatsoever nature or if any claim by one against other is disputed then the place of jurisdiction will be Karad Court, District Satara. -- 1 of 4 -- NM 468/2018 Suit 307/2015 2 3. Defendant has no objection for return of plaint. 4. In view of clause 26 of the agreement executed between the parties this court has no territorial jurisdiction, therefore, this court is bound to return the plaint to the plaintiff to be presented to the proper court in which suit ought to have been instituted. Hence, I proceed to pass the following order. ORDER 1. Notice of Motion No. 468/2018 is made absolute. 2. Plaint be returned to the plaintiff as per Order VII Rule 10A of the Code of Civil Procedure. 3. Plaintiff is further directed to place on record the xerox copy of the plaint and documents, if any. 4.Plaintiff is at liberty to file the suit before the proper court having jurisdiction over the subject matter within limitation, if any. Dated : 16.02.2018. (Pushpa N. Rao) Ad hoc Judge Bombay City Civil Court Greater Mumbai Dictation Direct Typed on Computer :16.02.2018. Signed by HHJ on :16.02.2018. -- 2 of 4 -- NM 468/2018 Suit 307/2015 3 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 16/02/2018 at ( 4.45p.m.) Mrs. J.V.Pawar Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao C.R.No.32 Date of Pronouncement of JUDGMENT/ORDER 16/02/2018 JUDGMENT/ORDER signed by P.O.on 16/02/2018 JUDGMENT/ ORDER uploaded on 20/02/2018 . -- 3 of 4 -- NM 468/2018 Suit 307/2015 4 -- 4 of 4 --