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2007 Supreme(Del) 14

BADAR DURREZ AHMED
BOSTON SCIENTIFIC INTERNATIONAL B. V. – Appellant
Versus
METRO HOSPITAL – Respondent


Advocates Appeared:
Anupam Srivastava, Shailendra Bhatnagar, VINAY GUPTA


BADAR DURREZ AHMED, J.

( 1 ) THIS is an application filed on behalf of the defendant under order 7 rule 10 CPC for return of the plaint on the ground that this court does not have territorial jurisdiction to entertain the same.

( 2 ) BEFORE the question of territorial jurisdiction is examined, it would be necessary to set out the nature of the suit and the averments made in the plaint. The suit has been filed by the plaintiff for recovery of a sum of rs. 32,38,479. 40 along with interest @ 18% per annum from the defendant. The plaintiff is a foreign company incorporated in the Netherlands and has a branch office at 100a, The Capital Court, Olof Palme Marg, Munirka, New Delhi-110067. As stated in the plaint, the plaintiff is engaged in the business of manufacture and supply of medical care equipments to various institutions and hospitals worldwide. The defendant, on the other hand, is a company which runs a private hospital engaged in providing medical care. The plaintiff has been supplying medical equipments to the defendant for this purpose. It is stated in the plaint that the parties have been doing business with each other since October, 1998 and the modus operandi of the busi













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