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2016 Supreme(Del) 2638

BADAR DURREZ AHMED, SANJEEV SACHDEVA
MUSIC BROADCAST LIMITED – Appellant
Versus
AXIS BANK – Respondent


Advocates Appeared:
For the Appellant : Dr A.M. Singhvi, Mr. Rajiv Nayyar, Mr. Abhinav Vashisht, Ms Meghna Mishra, Ms Manmeet Kaur, Mr. Akhil Sachar, Mr. Dheeraj P. Deo and Mr. Manan Chadha.
For the Respondent No. 2: Mr. P.V. Kapur, Mr. Amit Sibal, Mr. Jagdish Sagar, Mr. V.K. Nagrath, Mr. Tahir Ahmed Siddique, Mr. Neeraj Gupta and Ms Nidhi Manocha.

JUDGMENT :

BADAR DURREZ AHMED, J.

1. This appeal is directed against the judgment dated 09.02.2016 delivered by a learned single Judge of this court, whereby he has taken the view that this court does not have territorial jurisdiction to entertain the suit [CS(OS) 2119/2013], which had been filed by the appellant/plaintiff. Consequently, the learned single Judge has directed the return of the plaint under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) for presentation before the High Court of Judicature at Bombay, which, according to the learned single Judge, alone has territorial jurisdiction to entertain the suit. By virtue of the impugned judgment, the learned single Judge had, however, continued the interim order passed on 18.11.2013 for a period of four weeks and also noted that the transferee court would be at liberty to consider the matter and pass an order as to whether or not to continue the interim order. This interim order was continued by this Bench and is in operation.


2. The learned counsel for the appellant submitted that the view taken by the learned single Judge is erroneous. It was, first of all, submitted that the view of th
























































































































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