KUBOTA CORPORATION vs GODABARI AGRO MACHINERY AND SERVICES INDIA PRIVATE LIMITED & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 15.07.2025 Judgment pronounced on: 12.08.2025 I.A. 1778/2024 IN + CS(COMM) 655/2023 KUBOTA CORPORATION .....Plaintiff Through: Mr. J. Sai Deepak, Senior Advocate with Mr. C.D. Mulherkar, Mr. Nitin Wadhwa, Mr. Cheitanya Madan, Mr. R. Vigneshwar, Ms. Megha Saha, Mr. Davinder Punia, Mr. Ananth Swamy, Ms Srishti Banerjee & Mr. Avinash Sharma, Advocates versus GODABARI AGRO MACHINERY AND SERVICES INDIA PRIVATE LIMITED & ORS. .....Defendants Through: Mr. Chander M. Lall, Senior Advocate with Mr. Ashish Aggarwal, Ms. Ramya Aggarwal & Ms. Annanya Mehan, Advocates for D-1. Mr. Ayush Sharma, Advocate for D-2. Mr. Amit Sibal and Mr. Rajshekhar Rao, Senior Advocates with Mr. Nirupam Lodha, Mr. Nikhil Ranjan, Mr. Kshitij Parashar, Mr. Gautam Wadhwa, Mr. Saksham Dhingra, Ms. Suditi Batra, Mr. Darpan Sachdeva & Mr. Yashraj Samant, Advocates for D-3 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL Signature Not Verified Digitally Signed By:VIVEK MISHRA CS(COMM) 655/2023 Page 1 of 14 Signing Date:12.08.2025 16:14:19 AMIT BANSAL, J. I.A. 1778/2024 (under order VII Rule 10 of the CPC filed by the defendant no.3) 1. The present application has been filed on behalf of the defendant no.3 under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) seeking return of plaint on the ground of lack of territorial jurisdiction of this Court to try and adjudicate the present suit. 2. Notice in this application was issued on 24th January 2024. Reply has been filed on behalf of the plaintiff. 3. Submissions were heard on behalf of the parties on 19th December 2024, 16th April 2025, 14th July 2025 and 15th July 2025, when the judgment was reserved. 4. Counsel appearing on behalf of the defendants no.1 and 2 support the present