SUNRISE SPORTS (INDIA ) PRIVATE LIMITED vs WHITE OWL SPORTS PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 13th November, 2025 Judgment pronounced on: 21st November, 2025 + FAO 453/2019 & CM APPL 49970/2019 SUNRISE SPORTS (INDIA ) PRIVATE LIMITED .....Appellant Through: Mr. Avadh Bihari Kaushik, Mr. Rishabh Kumar and Ms. Saloni Mahajan, Advocates Versus WHITE OWL SPORTS PRIVATE LIMITED .....Respondent Through: Mr. Rishabh Bansal and Ms. Sakshi Pareek, Advocates CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 104 read with order XLIII Rule 1(a) of the Code of Civil Procedure, 1908 (hereinafter referred as the CPC) has been preferred by the appellant/plaintiff impugning the judgement of the trial court dated 23.09.2019, Signature Not Verified FAO 453/2019 Page 1 of 14 Signed By:KOMAL DHAWAN Signing Date:21.11.2025 16:48:04 whereby the court held that it lacked territorial jurisdiction to entertain the suit and directed that the plaint be returned to be presented before the court of competent jurisdiction. 2. The facts necessary for the disposal of the present appeal are:- the appellant is an importer and distributor of badminton sports items, namely “Yonex” operating from its registered office at 6th Floor, Salcon Aurum Building, Plot No. 4, District Centre, Jasola Vihar, New Delhi-110025. The defendant is a Company with its registered office at A-1,First Floor, Epilson, Yemlur Main Road, opposite Hal Airport Road, Bangalore, Karnataka- 560037 engaged in the business of sports goods. The parties were involved in regular course of commercial dealings, wherein the defendant would routinely visit the appellant’s office in New Delhi to place orders for sports goods, which the plaintiff supplied and sold from time to time in their ordinary course