The Bench further said that Section 13 of the LLP Act provides that each LLP shall have a registered office where all the communication and notices should be addressed and received.
It said that Section 11 and 36 of the Act mandate that the documents regarding annual return and incorporation should be available for inspection with the Registrar of the State where LLP is registered, and in terms of Section 34(1) of the Act, the book of accounts in respect of the LLP should be maintained at its registered office.
“It is evident from the facts of the present case that there is no principal or subordinate office of the LLP in the State of Delhi and neither are the books of accounts kept in Delhi, therefore, there is no cause of action in respect of the present suit, which is arising within the territorial limits of the Courts in Delhi. Furthermore, the parties by agreement cannot give jurisdiction to a Court, which otherwise does not have such jurisdiction. Thus, I am of the considered view that the Courts in Delhi lack the territorial jurisdiction to try and entertain the present suit,” the Court stated.
Source: Barandbench
