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2017 Supreme(Del) 1111

R.K.GAUBA
FEDERAL EXPRESS CORPORATION – Appellant
Versus
FEDEX SECURITIES LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.V. Abhay & Mr. Ronil Goger, Advs.
For the Respondent: Mr. Sanjeev Sindhwani, Sr. Adv. with Ms. Arzu Chimni, Adv.

ORDER :

1. The civil suit in the course of proceedings arising whereof the defendants have come up with the prayer for return of the plaint by application (IA No. 18137/2014) invoking Rule 10 of Order VII of the Code of Civil Procedure, 1908 (CPC), on the ground of want of territorial jurisdiction, was instituted in July, 2014 by Federal Express Corporation (the plaintiff), a company incorporated under the laws of State of Delaware, United States of America (USA), its principal registered office being located in Memphis, Tennessee (USA). Three defendants have been impleaded as parties they being Fedex Securities Ltd. (first defendant), Fedex Stock Broking Ltd. (second defendant) and Fedex Finance Pvt. Ltd. (third defendant), each of the said companies being incorporated under the Companies Act their respective registered offices concededly being located in Mumbai (State of Maharashtra).

2. The plaintiff company claims to be the world’s largest express transportation company popularly known as FEDEX, it providing transportation, e-commerce and business services under the trademark – name FEDEX worldwide, having forayed into the Indian market in 1984, statedly in the wake of acquisitio




















































































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