Order No. 3                                                                                Date : 14.11.2018.

Record is put up before us for passing order.

This hearing arises out of an application dated 02.08.2018 filed by the O.P. Nos. 01 & 02 of CC No.181/2018 challenging maintainability of this case.

By filing the present petition O.P. Nos. 01 & 02 have prayed for dismissal of the Complaint Case No.181/2018 on the ground that this ‘FORUM’ has no Territorial Jurisdiction to try this case as because they booked carry-on their business beyond the Territorial Jurisdiction of this ‘FORUM’.

From the petition of Complaint it appears that out of the three O.Ps., O.P. Nos. 01 & 02 carry-on their business in Mumbai & Kolkata respectively and O.P. No. 03 carries-on its business within the Jurisdiction of this ‘FORUM’. Section 11(2)(b) of C.P. Act provides that where there are more than one opposite parties and out of them one O.P. at the time of institution  of the Complaint resides or carries-on business within the jurisdiction of the concerned ‘FORUM’ and other O.Ps. are beyond the jurisdiction of the said ‘FORUM’ then the Complaint may be instituted in the ‘District Forum’ where one of the O.Ps. reside provided that in such case the permission of the said ‘District Forum’ has been given. In the instant case no such permission was given & no permission at all was sought for by the complainant under the provision of Section 11(2)(b) of C.P. Act 1986.

In view of that and since the present O.P. Nos. 01 & 02 carry-on their business beyond the territorial jurisdiction of this ‘FORUM’, so the present Complaint Case is not maintainable before this ‘FORUM’.  

Hence,

          it is,

                   O R D E R E D

that the application dated 02.08.2018 filed by O.P. No. 02 is allowed with the findings that the Complaint Case No.181/2018 is not maintainable before this ‘FORUM’ for want of Jurisdiction.

M.A. Case No.194/2018 is accordingly disposed of.      

Dictated and corrected by me.

President