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2023 Supreme(Del) 3148

C. HARI SHANKAR
Corona Remedies Pvt. Ltd. – Appellant
Versus
Umac Pharmaceuticals – Respondent


Advocates appeared:
Mr. Vikas Kheera, Mr. Vishal Sharan and Mr. Ved Prakash, Advocates, for the Appellant.
None, for the Respondent.

JUDGMENT (Oral)

1. This is a first appeal under Section 96 of the Code of Civil Procedure 1908 (CPC), directed against the judgment dated 5 September 2020 passed by the learned Additional District Judge ("the learned ADJ") South-East District, Saket. By the impugned judgment, the learned ADJ has returned CS(COMM) 328/2019 (Corona Remedies Pvt. Ltd. v. Umac Pharmaceutical & Others) to the appellant-plaintiff for being presented before the appropriate court, having territorial jurisdiction to deal with the plaint.

2. The memo of parties in the suit reads thus:

"MEMO OF PARTIES

    1. Corona Remedies Pvt. Ltd.

    Corona House, C-Mondeal Business Park,

    Near Gurudwa`ra, S.G. Highway

    Thaltej, Ahmedabad-380059

    Gujarat, India ... Plaintiff

    Versus

    1. Umac Pharmaceuticals

    Khasra No. 93/10, Vill. Mundka,

    Nangloi, Delhi. .... Defendant No. 1

    2. Hemkunt Medical Store,

    332/4 & 5, Govindpuri

    Kalkaji, New Delhi-110019 .... Defendant No. 2

    3. Athens Life Sciences

    Mauza Rampur Jattan, Nahan Road,

    Kala Amb, District Sirmour

    Himachal Pradesh-173030. .... Defendant No. 3.

3. The plaintiff and the defendants before the learned ADJ being the appellant and the respondent before this Court, I prefer to refer to them as per the














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