1. The counsel for the defendants in each of the suits has contended that in terms of (i) HSIL Limited Vs. Marvel Ceramics 2017 SCC OnLine Del 6783, appeal where against was dismissed in HSIL Limited Vs. Marvel Ceramics 2017 SCC OnLine Del 11571 (DB) and SLP(C) No.36323/2017 preferred where against was dismissed on 11th January, 2018; (ii) HSIL Ltd. Vs. Imperial Ceramic 2018 SCC OnLine Del 7185; and, (iii) order dated 26th February, 2018 in CS(COMM) No.843/2016 titled HSIL Ltd. Vs. Mulia Brothers, the plaint in these three suits is also to be returned to the plaintiff for filing in the Court of appropriate jurisdiction. It is stated that the plaint in these three suits is identical, qua the plea of territorial jurisdiction, to the plaint in the aforesaid cases.

2. The counsel for the plaintiff has argued that there is an essential difference between these three suits and the suits judgments wherein are mentioned herein above. It is contended that while in all the aforesaid suits the defendants therein had filed applications under Order VII Rule 10 of the Code of Civil Procedure, 1908 (CPC) prior to the plaintiff applying under Order VI Rule 17 of CPC, as has been done by the