MTS PAPERS INDIA LIMITED vs SPENTO PAPERS INDIA LLP

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 29th October 2025 Pronounced on : 17th November 2025 + FAO (COMM) 214/2025 MTS PAPERS INDIA LIMITED .....Appellant Through: Mr. Bharat Bhushan, Adv. versus SPENTO PAPERS INDIA LLP .....Respondent Through: Ms. Niyati Kohli & Mr. Rishabh Parikh, Advs. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. The instant appeal has been filed by the appellant/plaintiff under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII and Section 151 of the Civil Procedure, 1908 (‘CPC’) against the order dated 22nd March 2025 passed by the learned District Judge, Commercial Court-02, North District, Rohini Court in CS(COMM) No. 519/2022, whereby the learned District Judge had allowed the application of the respondent/defendant under Order VII Rule 10 of CPC on the ground that the plaint does not disclose as to how the courts of Delhi have territorial jurisdiction to entertain and decide suit Signature Not Verified Digitally Signed By:MANISH KUMAR FAO (COMM) 214/2025 1 of 23 Signing Date:17.11.2025 15:02:10 instituted by the appellant for recovery of Rs. 44,88,961/- (hereinafter referred as ‘impugned order’). Factual Matrix 2. Appellant/plaintiff is engaged in the business of trading of various paperboards. Appellant/plaintiff had a customer based in Vietnam with whom he had brokered a deal with the defendant to supply duplex board grey back (subject goods) with the understanding that all the goods supplied to that customer the defendant shall pay a pre-agreed commission to the plaintiff. 3. The role of the appellant was to communicate with respondent in respect of such supply of goods to the client including raising purchase orders, negotiating and finaliz