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2018 Supreme(AP) 548

C.PRAVEEN KUMAR, T.RAJANI
Condor Healthcare Private Limited – Appellant
Versus
Corem Pharma Private Limited – Respondent


Advocates Appeared:
For the Petitioners:M.R.N. Bhaskar Raol, Advocate.
For the Respondent:A. Naveen Kumar, Advocate.

JUDGMENT :

T. RAJANI, J.

1. The order that is impugned by the petitioners is passed by the XXIV Additional Chief Judge, City Civil Court, Hyderabad in I.A.No.104 of 2017 in C.O.S.No.36 of 2016 dated 10.07.2017 dismissing the petition filed by the petitioners under Order VII Rule 11 read with Section 151 of the Civil Procedure Code, seeking the court to reject the plaint, on the ground that the values specified in the Commercial Court Act were not complied with.

2. The averments in the petition run as follows:

The Director of the first petitioner company has gone through the plaint filed in O.S.No.36 of 2016. The Court below has no jurisdiction to entertain the suit, as the Court is constituted under Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short ‘the Act’), to decide commercial disputes of specified value, which shall not be less than one crore rupees or such a higher value as may be notified by the Central Government. A reading of Section 2(i) of the Act makes it crystal clear that the plaintiff filed the suit, claiming that their intangible rights to the trademarks have accrued to them by virtue of the Memorandum of Unders












































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