Petition under Article 227 challenging rejection of Order VII Rule 11 CPC application seeking return of plaint for lack of territorial jurisdiction in a trademark infringement suit. Petition withdrawn with liberty to raise territorial jurisdiction objection at appropriate stage.
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SEEMA GUPTA PROPRIETOR OF KRISHNA INDUSTRIES
.....Petitioner
Through: Mr. Vishwendra Verma, Mr. Rajat Girdhar, Ms. Shivali, Mr. Abhedya S. Verma, Ms. Ekta Tomar and Mr. Abhishek, Advocates.
versus
KISAN IRRIGATION AND INFRASTRUCTURE LTD
.....Respondent Through: Mr. Sudarshan Kumar Bansal, Mr. Arpit Dudeja and Ms. Nishtha Kapoor, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 10.04.2026
CM(M)-IPD 10/2025
Page 1 of 2
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 20/04/2026 at 11:16:43
Court and hence, the prayer was essentially for return of the plaint. The learned District Judge has dismissed the application basis the averments in the plaint on a mere demurrer and held that at this stage no ground was made out for return of plaint.
JYOTI SINGH, J
APRIL 10, 2026/AK
CM(M)-IPD 10/2025
Page 2 of 2
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 20/04/2026 at 11:16:43
1 issue framed by the court
Was the dismissal of the application under Order VII Rule 11 CPC for return of plaint on territorial jurisdiction grounds sustainable?
2 provisions across 2 enactments
SEEMA GUPTA PROPRIETOR OF KRISHNA INDUSTRIES
KISAN IRRIGATION AND INFRASTRUCTURE LTD
JYOTI SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
