TMI Blog2004 (4) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... of Additional District Judge, Delhi had, therefore, no territorial jurisdiction to try the suit. In the result, the appeal succeeds and is hereby allowed. The order dated 28.3.1997 of the Additional District Judge, Delhi as affirmed by the order dated 21.12.2001 by the Delhi High Court is set aside. The plaint filed by the respondent herein is ordered to be returned for presentation before the competent Court at Bombay. - C.A. 2490 OF 2004 - - - Dated:- 16-4-2004 - S. Rajendra Babu G.P. Mathur, JJ. JUDGMENT 1. Leave granted. 2. 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 appellant s a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The dispute in the present appeal is regarding the territorial jurisdiction of the Court at Delhi to try the suit and para 8 of the plaint which contains the necessary averment in this regard is reproduced herein below : "8. That the cause of action has arisen at Delhi as the ordered goods were delivered to the defendant through their transporters M/s Transport Corpn. of India Ltd., the value of goods was to be paid by the defendant to the plaintiff at Delhi and as such this Hon ble Court is having jurisdiction to try and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ack of the purchase order or is bound by clause 17. It was also submitted that the goods in question were delivered to the agent of the defendant at Delhi from the factory premises of the plaintiff at Delhi under certificate in Form CT-3. 5. The learned Additional District Judge, Delhi, held that in absence of the written statement having been filed by the defendant, he had to decide the controversy on the basis of the allegations made in the plaint and especially when the plaintiff had asserted that the goods were delivered to the defendant at Delhi on the basis of Form CT-3, the Court at Delhi had territorial jurisdiction to try the suit. The appeal preferred by the appellant against the said order was dismissed by the High Court on 21. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubject to the jurisdiction of the Courts in Mumbai, has to be examined in the aforesaid background. Under sub-sections (a) and (b) of Section 20, the place of residence of the defendant or where he carries on business or works for gain is determinative of the local limits of jurisdiction of the Court in which the suit is to be instituted. Sub-section (c) of Section 20 provides that the suit shall be instituted in a Court within the local limits of whose jurisdiction the cause of action, wholly or in part, accrues. As shown above, in the present case, a part of cause of action had accrued in both the places, viz., Delhi and Bombay. In Hakam Singh v. Gammon (India) Ltd. 1971 (1) SCC 286, it was held that it is not open to the parties to confe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en used there may be no difficulty. Even without such words in appropriate cases the maxim expressio unius est exclusio alterius \026 expression of one is the exclusion of another \026 may be applied. What is an appropriate case shall depend on the facts of the case. In such a case mention of one thing may imply exclusion of another. When certain jurisdiction is specified in a contract an intention to exclude all other from its operation may in such cases be inferred. It has therefore to be properly construed." This view has been reiterated in Angile Insulations v. Davy Ashmore India Ltd. 1995 (4) SCC 153. 9. Clause 17 says - any legal proceedings arising out of the order shall be subject to the jurisdiction of the Courts in Mumbai. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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