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2021 Supreme(Mad) 3330

R.SUBRAMANIAN
EIH Limited – Appellant
Versus
Balaji Hotels and Enterprises Limited – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr.Siddhartha Mitra, M/s. Iyer and Thomas
For the Defendants : Mr.Rahul Balaji, Mr.AR.L.Sundaresan, M/s. K.Harishankar, Mr.P.L.Narayanan, Mrs.Shanthi Meenakshi, Mr.Krishna Ravindran, Mr.G.R.M.Palaniappan

JUDGMENT :

These two suits were jointly tried as per the orders of this Court. The suit in Transfer CS No.108 of 2017 was withdrawn to this Court from the City Civil Court. Transfered CS No.108 of 2017 was originally filed before this Court as C.S.No.257 of 2005, upon the enhancement of the pecuniary jurisdiction of the City Civil Court, the said suit stood transfered to the City Civil Court and was numbered as OS No.12159 of 2010. Thereafter, since the suit was connected with CS No.164 of 2011 which was pending on the file of this Court, the suit was transferred to this Court to be tried along with CS No.164 of 2011. Hence both the suits are disposed of by this common judgment.

2. The brief averments in the plaint in Transfer CS No.108 of 2017 (CS No.257 of 2005) are as follows:

2.1. The plaintiffs are limited companies carrying on business in hospitality industry. The first plaintiff owns a chain of luxury hotels of international standards and the second plaintiff owns the brand 'oberoi' which has acquired a tremendous reputation and goodwill in hospitality industry both in India and abroad. The first defendant viz. Balaji Hotels and Enterprises Limited, which is the sister concern

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