Bench: Arijit Pasayat & C.K. Thakker
Issue:
Whether the Delhi high court has the jurisdiction for the case?
- The appellant made an agreement with the respondent, who’s a builder, for a plot of 264 sq mtrs. For this the appellant had to pay an amt of Rs 12,974/- which he paid according to him.
- But still,the respondent cancelled the contract saying that the appellant had not paid up.
Appellant’s contentions:
- The respondent has wasted time of the appellant as the High court had the jurisdiction as the agreement was made in Delhi .
- It was agreed that any disputes arising out, would be settled in Delhi high court.
Respondent’s contentions:
- They stated that the Delhi high court had no jurisdiction as the property is in Gurgaon.
Final judgement:
- Delhi High court didn’t have the jurisdiction and the appeal is dismissed.
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