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M. SUNDAR, R. SAKTHIVEL
Tractors & Farm Equipment Limited – Appellant
Versus
Massey Ferguson Corp. – Respondent
JUDGMENT :
M. SUNDAR, J.
Preface:
1. Captioned 'Civil Miscellaneous Appeal' (hereinafter 'CMA' for the sake of brevity, clarity and convenience) has been filed in this 'Commercial Appellate Division' (hereinafter 'CAD' for the sake of brevity, clarity and convenience) on 21.08.2024 assailing an order dated 16.08.2024 made in C.O.S. SR.No. 464 of 2024 on the file of the Principal Commercial Court at Egmore, Chennai.
2. To be noted, above referred 'Principal Commercial Court at Egmore, Chennai,' shall hereinafter be referred to as 'said Commercial Court' and above referred 16.08.2024 order, wherein and whereby a plaint was returned, inter alia by taking recourse to Order VII Rule 10 of 'the Code of Civil Procedure, 1908' (hereinafter referred to as 'CPC' for the sake of brevity, clarity and convenience) shall hereinafter be referred to as 'impugned order' for the sake of convenience and clarity.
Factual matrix in a nutshell:
3. One 'Tractors and Farm Equipment Ltd.' (hereinafter 'TAFE' for the sake of brevity, clarity and convenience) presented a plaint dated 08.07.2024 vide C.O.S. SR. No. 464 of 2024 on the file of said Commercial Court. In this plaint, TAFE is the sole plaintiff and the
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