SHRI RAJBIR JAIN PROP OF M/S SHIKHA ENTERPRISES vs PARAGON PAPER INDUSTRIES LLP. THROUGH ITS PARTNER SHRI AJAY JAIN

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th July, 2025 + CM(M) 3485/2024 & CM APPL. 39600/2025 & & CM APPL. 39932/2025 SHRI RAJBIR JAIN PROP OF M/S SHIKHA ENTERPRISES .....Petitioner Through: Mr. Bipin Kumar and Mr. Suresh Chandra Sharma, Advocates. versus PARAGON PAPER INDUSTRIES LLP. THROUGH ITS PARTNER SHRI AJAY JAIN .....Respondent Through: Mr. Saurabh Mishra with Ms. Priyanka Tiwary, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defendant before the learned Trial Court. 2. The suit in question is commercial in nature. 3. The defendant moved an application under Order VII Rule 10 seeking rejection of the plaint for want of territorial jurisdiction. 4. Such application has been dismissed by learned Trial Court and the defendant has taken exception to such order dated 07.03.2024. 5. Needless to say that the aspect of competency of the Court was decided by the learned Trial Court, while keeping in mind the averments made in the plaint only. 6. The next date in the present petition is 03.09.2025. 7. However, in the interregnum, the plaintiff (respondent herein) has moved an application seeking early hearing. 8. It is informed that the trial is already complete and the case is now at the stage of final arguments. 9. During course of the arguments, learned counsel for respondent Signature Not Verified Digitally Signed CM(M) 3485/2024 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 14:21:49 divulges that learned Trial Court has, inter alia, framed following issue which reads as under: “2. Whether the Court at UNA, H.P. only has jurisdiction to adjudicate upon the present suit? (OPD)” 10. The question posed to this Court in the present petition is also virtually the same. 11. Since the suit is now fixed for