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2002 Supreme(Del) 280

J.D.KAPOOR
RITIKA LIMITED – Appellant
Versus
PRAMOD KANODIA – Respondent


J. D. Kapoor

( 1 ) THIS is an application under Order 14 Rule 2 sub rule (a) and sub rule 2 (b) read with Section 7 and 10 code of Civil Procedure and Section 151 Code of Civil Procedure seeking dismissal of the suit in its present form or in the alternative to return the plaint for filing the same in the appropriate Court on the short ground that this Court has no territorial jurisdiction to try the instant suit. A similar application has also. been filed by way of IA No. 3455/2000. Both the applications stand decided by this order because of the commonality of the relief.

( 2 ) THE plaintiff is a Fashion Designer and manufacturers. and sells Fashion Garments for ladies in the trading style of Ritu s Boutique. The plaintiff s garments are identifiable on account of the originality of the fabric prints. The garments so manufactured have element of exclusivity bearing creative original prints resulting in complex printed textiles and produced in limited editions to retain exclusivity. This involves expensive and time consuming Research and Development of the fabric prints. Various steps involved in creating and designing of the prints have been detailed in para 6 of the plaint.

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