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2023 Supreme(Mad) 2303

P. T. ASHA
ITC Limited Kolkata – Appellant
Versus
Britannia Industries Ltd, Ravichandran Rajagopal West Bengal, India – Respondent


Advocates appeared:
For the Appellants:Vijay Narayanan Senior Counsel S.R. Rajagopal Senior Counsel Srinath Sridevan Senior Counsel for Arun C. Mohan. For the Respondent: P.S. Raman Senior Counsel for M.S. Bharath.

JUDGMENT

(Prayer: Judge''s summon is filed under Order XIV Rule 8 of Original Side Rules read with Order 7 Rule 11 and Section 151 CPC to reject the plaint.)

1. The plaintiff who has approached this Court contemplating the grant of an urgent interim relief has been checkmated by the defendant, a giant in the consumer market; on a supposed plea that the suit as filed requires to be rejected on two grounds set out in the petition which is detailed herein below:

(a)That the suit does not contemplate an urgent interim relief therefore failure to comply with the provisions of Section 12 A of the Commercial Courts Act of a pre-mediation settlement render the suit liable to be rejected; and

(b)The suit is not maintainable as it has neither been instituted by the plaintiff nor by an authorised person who has been specifically conferred with the power to institute the suit on behalf of the Company. This Contention is based on the following premise:

(i) The specific power dated 17.11.2020 granted to the agent is only to deal with activities of the Company which relate to the Regional Office within the overall parameters of the Company''s polic

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