1. The Suit was filed without leave under Clause XII of the Letters Patent. The Defendants filed Notice of Motion No. 2208 of 2009 under Order 7 Rule 11 of the Code of Civil Procedure 1908 (“CPC”) saying that this Court had no jurisdiction and the plaint had to be rejected. On 19th October 2015, the parties took an order before a learned Single Judge on the Defendants’ Notice of Motion ‘returning the plaint’ to the Plaintiffs for filing in an appropriate Court. The order makes it clear that the Defendants themselves submitted before the learned Single Judge that the Defendants’ submissions were for return of a plaint. The Plaintiffs, for their part, seem to have agreed to this; the order seems to have received the accord of both sides. Consequently the plaint came to be ‘returned; for filing in an appropriate Court.

2. The relevant parts of the order read thus :

1. Though the relief in this notice of motion is for dismissal of the suit for want of jurisdiction under Order VII Rule 11 of the Code of Civil Procedure, the counsel for the applicants at the outset submitted that the submissions that he would make is basically for return of the plaint to the plaintiffs due to the