RAKESH NAYAR vs 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 Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 59/2021 Pg. 1 of 9 Signing Date:19.05.2026 18:57:32 3160 sq. ft. (hereinafter referred to as the „suit property‟). The said suit thereafter came to be transferred to the District Court consequent upon enhancement of pecuniary jurisdiction in terms of the Delhi High Court (Amendment) Act, 2015 vide order dated 15.02.2016 passed by this Court. As per the case set up in the plaint and reiterated in the present appeal, the appellants have claimed jurisdiction of Courts at Delhi by contending that suit property was booked with Respondent No.1/developer for a total sale consideration of approximately Rs.2,06,54,280/- and the transaction in question was negotiated through the office of Respondent