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2017 Supreme(Del) 441

R.K.GAUBA
HADIA ABDUL LATIF JAMEEL CO. LTD. – Appellant
Versus
PUNJ LLOYD LTD. – Respondent


Advocates Appeared:
For the Plaintiff :Mr. A.S. Chandhiok, Sr. Advocate with Mr. Aditya Ganju, Advocates
For the Defendant :Mr. Rajiv Nayar, Sr. Advocate with Ms. Niyati Kohli, Mr. Karan Luthra and Mr. Saurabh Seth, Advocates

ORDER :

1. The civil suit in which application (IA 1121/2015) seeking return of the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 (“CPC”) has been presented by the first defendant (“Punj Lloyd Ltd.”) was instituted in September 2014 by M/s. Hadia Abdul Latif Jameel Co. Ltd. (“plaintiff”), a company incorporated and having its registered office in Jeddah, Saudi Arabia Besides the applicant (“first defendant”), concededly a company incorporated under the Companies Act, 1956 having its registered office and operational branch at Delhi within the jurisdiction of this court, Dayim Punj Lloyd Construction Contracting Company Ltd. (“second defendant”) has also been impleaded as a party to the suit, it being a joint venture company incorporated in Saudi Arabia and having its principal office in Riyadh, Oliyah, the first defendant being a partner of the said joint venture company on one hand with HRH Prince Khalid Bin Bandar Bin Sultan Bin Abdul Aziz of the Kingdom of Saudi Arabia being the other.

2. For purposes of adjudication upon the application at hand seeking return of the plaint, only certain very basic facts, as culled out from the pleadings of the plaintiff or d


























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