SHRUTI GOENKA vs DHIRENDRA PANDEY & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 22nd May, 2025 + C.R.P. 218/2022, CM APPLs.56332/2022, 64195/2024, 5042/2025 SHRUTI GOENKA D/o Shri Arun Goenka 20, AnandLok, New Deli-110049. .....Petitioner Through: Mr. Nikhil Palli and Mr. Syed Kamran Ali, Advs. versus 1. DHIRENDRA PANDEY S/o Late Shri Ram Sagar Pandey R/o 13-A, Beli Road, New Katra, Allahabad, Uttar Pradesh 2. AMRAPALI SAPPHIRE DEVELOPERS PVT. LTD. 307, 3rd Floor, Nipun Tower Karkardooma, Community Centre, Delhi-110092. Also at : C-56/40, Sector-62, Noida, Uttar Pradesh. Also at : GH-01, Sector 45, Noida, Uttar Pradesh. .....Respondents Through: Mr. Amit Khemka and Ms. Himani Singh, Advs. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA C.R.P. 218/2022 Page 1 of 13 Signature Not Verified Signed By:VIKAS ARORA Signing Date:23.05.2025 21:54:03 J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘C.P.C.’) has been filed on behalf of the Petitioner to challenge the Order dated 26.11.2022 vide which the learned ADJ has held that the Court has no territorial jurisdiction to entertain the Suit for Specific Performance and has consequently directed return of Plaint to be filed before the Court of appropriate jurisdiction. 2. The facts in brief are that Respondent No.1/Sh. Dhirender Pandey, sometime in June, 2012 approached the Petitioner for entering into an Agreement to Sell dated 23.06.2012 in respect of Flat no. 904, 9th floor, Plot No.GH-001, Sector 45, Noida, which had been allotted to her vide Allotment No. T/K/904 as per the Allotment letter dated 13.09.2009. For a total Sale consideration of Rs.42,39,000/- which had already been paid by Respondent No.1 to Respondent No. 2/Builder with an unders