Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010079702019
CNR NO. MHCC010079702019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2883 OF 2019
IN
S.C. SUIT NO.817 OF 2015
Vinod Natesan ]… Plaintiff.
V/s.
Elements Homestead Products Pvt. Ltd. ]... Defendant.
Appearances :
Plaintiff in person.
Ld.Adv. Mr. A.S. Rameshan for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.NO.13)
DATED : 9th February, 2023
(Matter pertains to C.R.NO.15)
ORAL ORDER
1. The present Notice of Motion is taken out by the defendant
under Order 14 Rule 2 of the Code of Civil Procedure.
-- 1 of 4 --
2 NM 2883/2019 in
Sum Suit 817/2015
2. It was submitted by defendant that the plaintiff filed suit
for damages for alleged breach of contract. According to the plaintiff he
received payment from Calicut. Thereafter, he shifted to Kerala from
Mumbai and the entire assignment related to marketing the defendant's
products took place in Kerala market. The plaintiff also filed complaint
at Trivandrum and Calicut. These aspects are mentioned in the written
statement and therefore, the issue regarding the territorial jurisdiction
be tried as preliminary point before going for trial.
3. The plaintiff filed reply to the Notice of Motion and denied
the contention of the defendant. It was submitted by the plaintiff that
as per Section 19 and 20 of the Code of Civil Procedure the suit for
compensation should be filed at the option of plaintiff and therefore suit
is filed well within the jurisdiction of this Court and hence, the Notice
of Motion be dismissed.
4. Heard plaintiff in person. Defendant failed to argue on
Notice of Motion.
5. The perusal of the written statement shows that the
defendant in his written statement has raised the issue of territorial
jurisdiction of this Court. After filing of written statement, issues were
framed by Learned predecessor on 18.03.2019 vide Exh.13. It seems
that the fact asserted by one party and denied by other is to be proved.
Similarly, the issue arising in respect of law point is required to be
framed and determined for deciding the matter on merits. Since the
issues are already framed and matter is fixed for evidence, the issue
regarding the territorial jurisdiction cannot be decided as preliminary
-- 2 of 4 --
3 NM 2883/2019 in
Sum Suit 817/2015
issue. Hence, additional issue is to be framed accordingly and therefore
I, proceed to pass the following order:
ORDER
1. The Notice of Motion No. 2883 of 2019 is dismissed.
2. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13) I/C. C.R.15
Dt.: 09022023 City Civil Court, Gr. MUMBAI
Dictated on : 09022023
Transcribed on : 14022023
checked on : 14022023
Signed on : 14022023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13) I/C. C.R.15
City Civil Court, Gr. MUMBAI
-- 3 of 4 --
4 NM 2883/2019 in
Sum Suit 817/2015
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.02.2023 at 11.20 a.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)I/C CR.15
Date of pronouncement of
judgment/order
09.02.2023
Judgment/order signed by P.O. on 14.02.2023
Judgment/order uploaded on 15.02.2023
-- 4 of 4 --