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Titan Industries Limited. Vs Nitin P. Jain — Civil Procedure and Limitation | Delhi HC (2017)

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Titan Industries Limited. Vs Nitin P. JainTitan Industries Limited. v. Nitin P. Jain

Disposed

Titan Industries Limited. v. Nitin P. Jain

Delhi HC12 Sept 2017CS(OS)/1577/2003

Case brief

from the order text

What is this about?

HIGH COURT OF DELHI AT NEW DELHI + CS(OS)…

What the court decided

AI extract

Outcome

Disposed

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

$~12

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 1577/2003 TITAN INDUSTRIES LIMITED. ..... Plaintiff Through : Mr.Vibhav Mithal, Advocate. versus NITIN P. JAIN ..... Defendant Through : Ms.Priyanka Anand & Mr.Nikhil Mittal, Advs. CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 12.09.2017 IA 8976/2017 (u/O VII R 10A(2) CPC on behalf of the plaintiff)

Learned counsel for the defendant does not wish to file any formal response to the application. She states that defendant has no objection if the plaint is returned to be presented before the Calcutta High Court.

Vide order dated 21.11.2016 while disposing IA 2094/2006 (of the defendant u/O VII R 11 CPC) instead of rejecting the plaint, it was ordered to be returned to the plaintiff for presentation in the Court of appropriate territorial jurisdiction. It was clarified that subject to the plaintiff filing certified copy of the original documents filed in the suit, the original documents be also returned to the plaintiff in accordance with rules.

Learned counsel for the plaintiff informs that the Calcutta High Court has territorial jurisdiction to entertain and decide the present suit and the plaintiff intends to present the plaint there. Prayer has been made to direct the parties to appear before Calcutta High Court on 7^th November, 2017.

Page 1 of 2

Accordingly, in terms of the order dated 21.11.2016 the plaint is returned to the plaintiff for presentation to the Calcutta High Court. The parties shall appear before the Registrar General, Calcutta High Court on 7^th November, 2017 for this purpose. The defendant has been put to notice.

The application stands disposed of in the above terms.

S.P.GARG, J

SEPTEMBER 12, 2017 / tr

Page 2 of 2

Coram

AI extract

S.P. Garg

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 12 Sept 2017 · September
Registered: 16 Aug 2003
Case no.: CS(OS)/1577/2003
CNR: DLHC010141702003
Topic: Civil Procedure and Limitation
Bench: Rajiv Sahai Endlaw
Case type: Civil Suit (Original Side)

A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.

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Cite this judgement

Titan Industries Limited. v. Nitin P. Jain, CS(OS)/1577/2003 (DEL), decided on 12 September 2017.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

S.P. Garg

Parties & counsel

Sushila Devi Vs State and Ors.

12 Sept 2017Civil Miscellaneous (Main)