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2018 Supreme(J&K) 711

SANJEEV KUMAR
F2Fun and Fitness Pvt. Ltd. – Appellant
Versus
Golden Globe Fitness Pvt. Ltd. – Respondent


Advocate Appeared:
For the Petitioner(s):Mr. R.K.Gupta, Sr. Advocate with Mr. Vikas Magotra, Mr. Pranay P. Singh, Mr. Udhay Bhasker, and Mr. Ratish Mahajan, Advocates
For the Respondent(s):Mr. Rahul Bharti, Advocate and Mr. Satinder Gupta, Advocates

JUDGMENT :

Sanjeev Kumar, J.

This Revision Petition filed under Section 115 of the Code of Civil Procedure, 1977 is directed against the Order dated 30.07.2018 passed by the learned City Judge, Jammu (hereinafter referred to as the trial Court) in a Civil Suit titled Golden Globe Fitness Pvt. Ltd. v. F2Fun and Fitness (India) Private Ltd. and another whereby the application moved by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure (CPC for short) for rejection of the plaint has been dismissed. The petitioner herein was defendant No.1 in the trial Court, and the respondent No.1 herein was the plaintiff, who had filed the suit against the petitioner and respondent No.2 herein. To avoid confusion, the parties are hereinafter referred to as “the defendant No.1” and “the plaintiff”. The facts, in nutshell, which have given rise to the filing of this Revision Petition are:-

2. The plaintiff a Private Limited Company incorporated under the Companies Act, 1956 through its Managing Director filed a suit before the trial Court inter alia for a decree of declaration that the grant of Gold’s Gym sub franchisee by the defendant No.1 on behalf of the defendant No.2 (respondent N


















































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