Bombay High Court

NAQ GLOBAL PRIVATE LIMITEDversusE-WAY ALLANCE INDIA PRIVATE LIMITED

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The trial court shall return the plaint to the plaintiff for presentation before the jurisdictional court in Mumbai under Order VII Rule 10 of the CPC.

Summary

The applicant, Naq Global Pvt. Ltd., originally the defendant, agreed to return the plaint to the plaintiff, E‑Way Alliance India Pvt. Ltd., so that it can be filed before the appropriate jurisdictional court in Mumbai, as stipulated in clause 4 of an invoice dated 18 January 2022. The High Court, on the parties' consent, directed the trial court to return the plaint and its accompaniments under Order VII Rule 10 of the Code of Civil Procedure, 1908. The respondent was ordered to appear before the trial court on 7 September 2026 to accept the return of the plaint. The revision application was consequently disposed of. The order emphasizes procedural compliance with jurisdictional requirements and the proper use of CPC provisions for returning a plaint.

Issues considered

What procedural mechanism under the CPC should be employed to return a plaint to the plaintiff for filing in the correct jurisdiction?

Legislation cited

Code of Civil Procedure, 1908 — s. Order VII Rule 10

Subjects

jurisdiction
civil procedure
return of plaint
order VII rule 10
revision

Judgment

           Digitally signed
           by SWAROOP
SWAROOP SHARAD
SHARAD PHADKE
PHADKE  Date:
        2026.08.29
           11:36:44 +0530
                                                                        4 cra 449 of 2026.doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                              CIVIL REVISION APPLICATION NO.449 OF 2026

  Naq Global Pvt. Ltd.                                       ...   Applicant
       versus
  E-Way Alliance India Pvt. Ltd.                             …     Respondent

  Mr. Rushil Mathor with Mr. Smit Solanki i/by Mr. Mayur Shetty c/o Kochhar
  and Co., for Applicant.
  Mr. Prathamesh Kamat with Mr. Kayush Ziawalla, Mr. V.N.Ajikumar and Mr.
  Rohit Bhimrao Kadam, for Respondent.

                                 CORAM:   N.J.JAMADAR, J.

                                 DATE :   28 AUGUST 2026

  P.C.

  1.            Heard the learned Counsel for the parties.

  2.            Learned Counsel for the Applicant, on instructions, submits that the

  Applicant – original Defendant, is agreeable to the return of the plaint to the

  Plaintiff for being presented before the jurisdictional Court at Mumbai, in view

  of the stipulation as to the jurisdiction contained in clause 4 of the Invoice

  dated 18 January 2022 raised by the Plaintiff.

  3.            In view of the aforesaid submission, with the consent of the parties, the

  trial Court is directed to return the plaint alongwith its accompaniments to the

  Plaintiff under the provisions of Order VII Rule 10 of the Code of Civil

  Procedure, 1908 for being presented before the jurisdictional Court at

  Mumbai.



  SSP                                                                          1/2
                                                              4 cra 449 of 2026.doc

4.    The Respondent – Plaintiff shall appear before the trial Court on 7

September 2026 to accept the return of the Plaint for its presentation before

the jurisdictional Court at Mumbai.

5.    Civil Revision Application stands disposed.




                                                    ( N.J.JAMADAR, J. )




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