BADAR DURREZ AHMED
NAHAR SPINNING MILLS LTD. – Appellant
Versus
VIJAY HOSIERY CO. LTD. – Respondent
( 1 ) THIS application has been moved by the defendant no. 4 (Gulf Air), under Order VII Rule 11 for rejection of the plaint on two grounds: (1) The plaint does not disclose any cause of action as against the defendant No. 4, (2) The suit as against defendant No. 4 is not maintainable as being time barred. The Background:
( 2 ) THE plaint was originally filed at Ludhiana on 1. 10. 1993. It was numbered as S. No. 458/1993. The defendant No. 4 (Gulf Air) had filed an application, inter alia, objecting to the plaint on the ground of lack of jurisdiction and there being no cause of action disclosed against it. That application was dismissed by the Court at Ludhiana. The defendant No. 4 preferred a Civil Revision before the Punjab and haryana High Court which decided the same in favour of the defendant No. 4 on 7. 9. 1999. In other words, the Punjab and Haryana High Court held that the Court at Ludhiana did not have the jurisdiction to entertain the suit. Being aggrieved thereby, the plaintiff filed a Special Leave Petition under Article 136 of the constitution of India before the Supreme Court. The same was dismissed in limine by the Supreme Court. As a consequence
Referred to : Gulf Air Company v. Nahar Spinning Milts Limited and Others
Ramnath Exports Private Ltd. v. The Chairman, Air India and Another
Saleem Bhai v. State of Maharashtra
Kanwal Kishore Manchanda and Another v. S.D.Technical Services Pvt. Ltd.
Anil and Co. v. Air India and Others
Relied on : Liverpool and London S.P. and I Assn. Ltd. v.M. V. Sea Success I
I.T.C. Ltd. v. Debts Recovery Appellate Tribunal
Roop LalSathi v. Nachhattar Singh Gill
Parameswaraan v. N.Ramachandran. AIR 1987 Ker 37
British Airways v. Art Works Export Ltd. And Another
Federal Chemical Works Ltd. v. M/s. Nutsco (Nigeria) Ltd. and Another
Relied on : Ethopian Airlines v. Federal Chemical Works Ltd.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.