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2024 DAILYLAW 3327 (DEL)

BLUE STAR LIMITED v. NYSAA RETAIL PVT LIMITED

FAO (COMM)/217/2024 · 2026-07-27

Anil Kshetarpal, Shail Jain

body2024

Judgment text

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$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 217/2024 BLUE STAR LIMITED .....Appellant Through: Mr. Umang Tyagi, Mr. Zuber Ali, Mr. Kanav Madnani, Mr. Siddharth Sharma, Advs. versus NYSAA RETAIL PVT LIMITED .....Respondent Through: Mr.Narendra Kalra, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE SHAIL JAIN O R D E R % 27.07.2026 1. The appellant/plaintiff assails the correctness of the order dated 22.08.2024, whereby the plaint was returned for presentation before the Court having territorial jurisdiction. 2. Learned Counsel representing the appellant, while drawing the attention of the Court to the purchase orders and invoices issued by the Respondent, submits that the purchase orders specifically provide that “All disputes subject to jurisdiction of Delhi courts”. He further submits that part payment has been made by the respondent/defendant in the bank account of the appellant/plaintiff at Delhi. He also submits that the registered office of the Respondent is also situated in Delhi. 3. On the other hand, learned Counsel representing the Respondent submits that the impugned order has been correctly passed. 4. From a reading of the impugned order, it is evident that the aforesaid aspects have not been considered by the learned Commercial Court before returning the plaint. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 14:54:48 5. In these circumstances, the impugned order is set aside. The learned District Judge (Commercial Court) is requested to decide the question of territorial jurisdiction afresh after considering all the aforesaid aspects. 6. The parties are directed to appear before the learned District Judge (Commercial Court) on 11.08.2026. 7. The present Appeal, along with pending application(s), if any, stands disposed of in the above terms. ANIL KSHETARPAL, J. SHAIL JAIN, J. JULY 27, 2026 Pallavi/dg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 14:54:48