Cargill Global Trading India Private Limited

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By this order I shall decide the preliminary issue "Whether global trading india pvt limited court has no territorial jurisdiction to entertain the present suit? The brief facts of the case are that on The plaintiff was awarded a bonus award of USD 2,00, for the fiscal year vide a letter dated Another amount of USD 50, was paid to the plaintiff in July USD 50, was paid in July by defendant no. The plaintiff resigned from the employment of defendant no.

The plaintiff was informed vide letter dated The plaintiff was not paid USD 52, the remaining bonus award for the fiscal year and USD 51, the remaining bonus award for the fiscal year Hence, the present suit was filed to recover USD 1,03, alongwith interest. According to the plaintiff, the defendant no. The bonus, salaries and incentives were made to the plaintiff from the account of defendant no.

On the other hand, both the defendants have taken a preliminary objection in their respective written statement that this court has no territorial jurisdiction as no cause of action has arisen at New Delhi. The Terms and Conditions of Incentive Award for the year and were signed and returned by the plaintiff to the defendant no.

The said incentive awards were part of a Global Programme that global trading india pvt limited solely administered by the defendant no.

It is further stated that there is no privity of contract between the plaintiff and defendant no. The full and final settlement statement was executed by defendant no. According to the defendants, the courts at USA have jurisdiction to entertain the suit.

Counsel for defendants submitted that there was no privity of contract between the plaintiff and defendant no. Counsel further submitted that the defendant no. Counsel further submitted that the plaintiff was posted at Gurgaon office of the defendant 4 no.

Counsel further submitted that this court has no jurisdiction to entertain the present suit and the same may kindly be returned. Counsel for defendant relied global trading india pvt limited following rulings:. United India Insurance Co. On the other hand, Ld. Counsel for the plaintiff submitted that the plaintiff was awarded bonus of his excellent work performance when he was working in the defendant no.

Counsel further submitted that defendant no. Counsel further submitted all the decision in respect of service of plaintiff were taken at the head office of defendant no. Counsel further submitted that his court has territorial jurisdiction to entertain the present suit.

Counsel further submitted that the court could allow the plaintiff to proceed with sent before this court under section 20 b CPC as head office of defendant no. Counsel for plaintiff relied upon following rulings: It is not in dispute that plaintiff was an employee of defendant no. It is also not in dispute that bonus was awarded to the plaintiff for his excellent work. The defendants are taking the plea that the bonus was awarded to the plaintiff by defendant no.

It is difficult to understand, if the plaintiff was working for the defendant no. It is a very strange 6 proposition that a person works for 'A' company and the bonus for good work global trading india pvt limited given to him by 'B' company.

Hence, the plea that there was no privity of contract between the plaintiff and defendant no. The plaintiff was awarded bonus for his good performance when he was working with the defendant no. So far as the question whether this court at Saket, New Delhi has jurisdiction or not, is concerned, it is not in dispute that the defendant no. However, it is well settled global trading india pvt limited that mere having a registered office at a place does not confer jurisdiction to the court situated at such a place.

Reliance can be placed global trading india pvt limited Patel Roadways Ltd. In the case in hand, from the documents filed on behalf of 7 the plaintiff, it is clear that the appointment letter was given to the plaintiff at Gurgaon to be worked with the defendant no.

The plaintiff remained posted throughout his service at Gurgaon. The resignation of the plaintiff was accepted at Gurgaon and was communicated to the plaintiff also at Gurgaon. Global trading india pvt limited plaintiff gave a letter to the defendant no. There is no single document on record to show that any cause of action arose in Delhi. The submission of Ld. Counsel for the plaintiff that the salary of plaintiff was transferred to his account at Delhi from the account of defendant no.

Reliance can be placed Gujarat Insecticides Ltd. ILR I Delhiwherein it was held the mere fact that the cheques handed over in Delhi global trading india pvt limited to confer jurisdiction on Delhi courts. The further submission of Ld. Counsel for the plaintiff that leave may kindly be granted to the plaintiff under section 20 b CPC to proceed the instant suit in this court as the head office of the defendant 8 no. I do not see any ground to 100 win binary options 360 best binary options brokers 2015 grabncookdk leave to the plaintiff to proceed with the matter before this court at Delhi because the courts at Gurgaon, Haryana is not very far away from Delhi.

The rulings relied upon by the Ld. Counsel for the plaintiff are not applicable to the facts of the instant case. In view of global trading india pvt limited above discussions, the preliminary issue under consideration is decided in favour of the defendants and against the plaintiff. Hence, under Order global trading india pvt limited Rule 10 CPC the original plaint is returned to the plaintiff alongwith all the original documents filed by the plaintiff, to be presented it before the courts at Gurgaon, Haryana.

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