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2025 Supreme(Kar) 2745

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Siddharth Chugh S/o Late Shri Vijay Kumar Chugh – Appellant
Versus
Array Networks India Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Pankaj Bhagath
For the Respondent: Manu P. Kulkarni

ORDER :

1. The petitioner-defendant No.1 is at the doors of this Court calling in question rejection of an application filed under Order VII Rule 10 of the CPC filed seeking return of the plaint to a Court having jurisdiction.

2. Heard Sri Pankaj Bhagath, learned counsel appearing for petitioner and Sri Manu P. Kulkarni, learned counsel appearing for caveator/respondents 1 and 2.

3. Facts in brief, germane, as follows:

3.1 Before embarking upon consideration of the issue in the lis, I deem it appropriate to notice the protagonists in the lis. The petitioner is the defendant No.1, a partner and authorized signatory of respondent No.3/Company – Flash Cloud Consulting – defendant No.2, a partnership firm engaged in the business of sale and distribution of software. The 1st respondent is the plaintiff- Array Networks India Pvt. Ltd. (‘Array India’ for short) which is the Indian entity of Array Networks Inc. (‘Array, USA’ for short). Respondent No.2 - the plaintiff No.2 is an employee and Director of Array India, the plaintiff No.1.

3.2. On 03-09-2019, Array, USA enters into a distribution agreement with 3rd respondent/Flash Cloud Consulting for distribution and reselling of software product

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