Delhi High Court · 2026-05-19
RAKESH NAYAR vs M/S ABW-SUNCITY
- Citation / case number
- FAO-59/2021 2026:DHC:4487
- Court
- Delhi High Court
- Petitioner
- RAKESH NAYAR
- Respondent
- M/S ABW-SUNCITY
Judgment text excerpt
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10.02.2026 % Pronounced on: 19.05.2026 Uploaded on: 19.05.2026 FAO 59/2021 RAKESH NAYAR & ORS. .....Appellants Through: Mr. Nikhil Malhotra and Ms. Poorna, Advocates Versus M/S ABW-SUNCITY .....Respondent Through: Mr. Siddharth Mittal, Mr. Abhijeet Varshney and Ms. Shilpa G. Mittal, Advocate for respondent no. 1 Mr. Anshu Mahajan and Mr. Bikas Aggarwal for respondent no. 2 and 3. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal is directed against the order dated 12.02.2020 passed by the Trial Court whereby the application preferred by the respondents raising an objection as to territorial jurisdiction and seeking return of the plaint came to be allowed. 2. Briefly stated, the appellants/plaintiffs instituted the suit before this Court being CS(OS) 2022/2015 seeking declaration and consequential reliefs in relation to apartment bearing No. C-1401, Tower-C, in the project “La Lagune”, situated at Gurgaon, Haryana, admeasuring approximately 1. 3. The respondents contested the suit and also questioned the territorial jurisdiction of the Courts at Delhi. It was claimed that no cause of action had arisen in