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2021 Supreme(Del) 821

JAYANT NATH
Cadila Healthcare Limited – Appellant
Versus
Uniza Healthcare LLP – Respondent


Advocates Appeared:
For the Appellant : Dayan Krishnan, Sr. Adv., Vivek Sarin and Harshita Chauhan, Advs.
For the Respondents: P.K. Jain, Adv.

JUDGMENT :

Jayant Nath, J.

This hearing is conducted through video conferencing.

IA No. 11873/2020

1. This application is filed by the defendants under Order 7 Rules 10 and 11 CPC praying that the plaint be rejected for want of cause of action as the same neither accrued nor arose in favour of the plaintiff and against the defendants within the territorial jurisdiction of this court.

2. It is pleaded in the application that the plaintiff has its office at Ahmedabad, Gujarat. The defendants have their corporate office at Mehsana, Gujarat. None of the parties has their registered office within the territorial jurisdiction of this court and no part of cause of action arose within the jurisdiction of this court.

3. The defendant carries on its business at Ahmadabad and has not made any sales of medicines under the alleged trademark 'ZACLEAR' within the jurisdiction of this court. It is further stated that the plaintiff carries its business at Ahmadabad. Defendant No. 2 has served the plaintiff during his employment at Ahmedabad. Hence, the present application.

4. I have heard learned senior counsel appearing for the plaintiff and learned counsel for the defendants.

5. Learned senior counsel fo

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