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2002 Supreme(Bom) 979

S.J.VAZIFDAR
Asian Paints (I) Ltd. – Appellant
Versus
Jaikishan Paints & Allied Products – Respondent


JUDGMENT - S.J. VAZIFDAR, J.:---As the order in each of the Notices of Motion require to be prefaced with the facts, it would be convenient to deal with them by a common order.

2. Notice of Motion No. 2884 of 2001 was taken out by the plaintiff for interim reliefs.

The defendant took out Notice of Motion No. 309 of 2002 for dismissal of the suit on the ground that this Court has no territorial jurisdiction and for an order returning the plaint under Order 7, Rule 10 of the Code of Civil Procedure. In this Notice of Motion the defendant has also prayed that the plaintiff be refused leave under Clause XIV of the Letters Patent. The defendant is at liberty to urge this contention in the plaintiff's application for leave under Clause XIV of the Letters Patent.

Notice of Motion No. 315 of 2002 has also been taken out by the defendant to vacate the ad interim order dated 27th November, 2001 passed by this Court. However, as Notice of Motion No. 2884 of 2001 is being finally heard it is not necessary to decide this Notice of Motion.

The defendant has also taken out Notice of Motion No. 316 of 2002 praying for dismissal of the suit under Order 7, Rule 11 read with section 151 of the Code of


























































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