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REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (Arising out of SLP (C) No. 10246 of 2019)
ALPHA RESIDENTS WELFARE ASSOCIATION (REGD.) KARNAL & ORS. … APPELLANTS
VERSUS
ALPHA CORP. DEVELOPMENT PVT. LIMITED & ORS. … RESPONDENTS
O R D E R
Leave granted.
2. Arising out of the rejection of the plaint by allowing the
application filed by the defendants-respondents under Order VII Rule
11 of the Code of Civil Procedure (in short, the “CPC”) maintaining an
objection of jurisdiction of court in terms of Clause 23 of the Plot
Buyers’ Agreement, the present appeal has been filed.
3. The appellants filed a suit1 in the Court of Civil Judge (Junior
1 C.S. No. 2489 of 2016
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Division), Karnal (“Trial Court”) seeking declaration, rendition of
accounts, mandatory and permanent injunction with respect to the
Community Centre of Alpha International City, Sector 28-29, Karnal
situated within a residential area, seeking declaration that the
Community Center cannot be leased out to third party for commercial
purpose by the defendants with other ancillary reliefs before the Trial
Court.
4. The defendants moved an application under Order VII, Rule 11 of
CPC, inter-alia, raising an objection that in terms of Clause 23 of the
agreement dated 24.02.2009 the Courts at New Delhi alone shall have
jurisdiction in the matters arising out of, touching and/...