GAC LOGISTICS PVT. LTD. vs ACER LOGISTICS PVT. LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 05.05.2026 Pronounced on : 20.05.2026 Uploaded on : 20.05.2026 + FAO 371/2024 GAC LOGISTICS PVT. LTD. .....Appellant Through: Mr. Sanyat Lodha and Ms. Sanjana Saddy, Advocates versus ACER LOGISTICS PVT. LTD .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed under Section 104 read with Order XLIII Rule 1(a) of the Code of Civil Procedure, 1908(hereinafter „CPC‟) by the appellant, who was the plaintiff before the Trial Court, assailing the order dated 08.08.2024 passed by the learned DJ-04, Tis Hazari Courts, Delhi, whereby the Trial Court returned the plaint under Order VII Rule 10 CPC on the ground of lack of territorial jurisdiction. 2. Briefly stated, the plaintiff, a freight forwarding company and an IATA approved freight forward agent, instituted the present suit seeking recovery of Rs.14,15,144/- alongwith interest against the respondent/defendant company on account of outstanding dues arising from Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 371/2024 Page 1 of 6 Signing Date:20.05.2026 17:26:17 shipment and forwarding services rendered by the plaintiff for consignments booked by the defendant for foreign destination. The suit was originally instituted against the defendant company as well as its directors, however, the directors were subsequently deleted from the array of parties vide order dated 08.12.2020 and the proceedings continued only against defendant. Despite service, the defendant company failed to appear and was accordingly proceeded ex-parte before the Trial Court. It was the case of the plaintiff that pursuant to an oral arrangement between the parties, the plaintiff used to book consignments on behalf of