Disposed¶4

M/S Romsons Medsource v. M/S Dowell Surgicals Pvt. Ltd.

Delhi HC4 Mar 2025FAO (COMM)/225/2024

Case brief

AI extract

What is this about?

FAO (COMM) 225/2024; High Court of Delhi; Rekha Palli; Saurabh Banerjee; return of plaint; Order VII Rule 10B CPC; Section 13(1A) Commercial Courts Act 2015; territorial jurisdiction; CS (Comm.) No.336/2021; District Judge (Commercial Court)-01 Tis Hazari; consensual disposal; presentation before competent Court at Bengaluru Karnataka; listing on 21.04.2025; no opinion on merits; decision dated 04.03.2025.

What did the court decide?

Appeal disposed of by directing the learned Trial Court to return the plaint to the appellant within two weeks, for presentation before the competent Court at Bengaluru, Karnataka within two weeks of such return; matter to be listed before the concerned learned District Judge at Bengaluru, Karnataka on 21.04.2025. ¶4

M/S Romsons Medsource Vs M/S Dowell Surgicals Pvt. Ltd. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appeal against the Trial Court's order returning the plaint for want of territorial jurisdiction of the Delhi courts should be disposed of by directing return of the plaint for presentation before the competent Court at Bengaluru, Karnataka, in view of the stands taken by the parties.

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Court's answer

The present appeal is disposed of by directing the learned Trial Court to return the plaint to the appellant within a period of two weeks.

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Ratio / Principle

The returned plaint is to be presented before the competent Court at Bengaluru, Karnataka within a period of two weeks from the date of its return to the appellant.

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Key takeaways

The matter is to be listed before the concerned learned District Judge at Bengaluru, Karnataka on 21.04.2025 for listing the suit before an appropriate Court.ratio¶4
This Court has not expressed any opinion on the merits of the grounds raised in the present appeal.obiter¶13

Detailed headnote1 paragraphs

Commercial Courts Act, 2015 – Appeal under S.13(1A) against order dated 20.07.2024 of the District Judge (Commercial Court)-01, Tis Hazari Courts, Delhi, in CS (Comm.) No.336/2021 returning the plaintiff's plaint on the ground that Courts at Delhi lacked territorial jurisdiction. At the hearing on 09.12.2024 the appellant offered to accept return of the plaint for presentation before the competent Court at Bengaluru, Karnataka under Order VII Rule 10B CPC; on 04.03.2025 the respondent consented. The Division Bench (Rekha Palli and Saurabh Banerjee, JJ.) disposed of the appeal by directing the Trial Court to return the plaint to the appellant within two weeks, the plaint to be presented before the competent Court at Bengaluru, Karnataka within two weeks of return, and the matter to be listed before the concerned District Judge at Bengaluru on 21.04.2025. The Court expressly expressed no opinion on the merits of the grounds raised in the appeal.

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO (COMM) 225/2024 & CM APPL. 67728/2024 –Delay 61 days. M/S ROMSONS MEDSOURCE .....Appellant Through: Mr.Naman Joshi, Ms.Ritika Vohra, & Mr.Verdan Jain, Advs.

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versus

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M/S DOWELL SURGICALS PVT LTD .....Respondent Through: Mr.Mayank Tripathi & Mr.Chiranjeev Mahto, Advs.

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CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 04.03.2025

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The present appeal under Section 13 (lA) of the Commercial Courts Act, 2015 seeks to assail order dated 20.07.2024 passed by the learned District Judge (Commercial Court)-01, Tis Hazari Courts, West District, Delhi, in CS (Comm.) No.336/2021. Vide the impugned order, the learned Trial Court has returned the plaint filed by the appellant/ plaintiff by holding that Courts at Delhi did not have territorial jurisdiction to entertain the suit.

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On 09.12.2024, learned counsel for the appellant, had after arguing the matter at length, submitted that the appellant would be satisfied, in case, this Court were in exercise of its power under Order VII Rule 10B of the Code of Civil Procedure, 1908, direct return of the plaint for being presented before the competent Court at Bengaluru, Karnataka. The matter was adjourned to enable the respondent to

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 14:57:02

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make submissions.

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Today, learned counsel for the respondent submits that the respondent has no objection to the plaint being returned to the appellant and being presented before the competent Court at Bengaluru, Karnataka.

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Having perused the impugned order and taking into account the stand of the parties, we dispose of the present appeal by directing the learned Trial Court to return the plaint to the appellant within a period of two weeks from today, which plaint will then be presented before the competent Court at Bengaluru, Karnataka within a period of two weeks from the date of return of the plaint to the appellant. The matter will be listed before the concerned learned District Judge at Bengaluru, Karnataka on 21.04.2025 for listing the suit before an appropriate Court.

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Needless to state, this Court has not expressed any opinion on the merits of the grounds raised in the present appeal.

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REKHA PALLI, J

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SAURABH BANERJEE, J

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MARCH 4, 2025 sr

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M/S Romsons Medsource v. M/S Dowell Surgicals Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S Romsons Medsource v. M/S Dowell Surgicals Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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