CM(M) 781/2014

Page 1 of 3

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CM(M) No. 781/2014 & C.M.Nos.13842/2014 &13843/2014

%

26^th August , 2014

INDER PAL JUNEJA

..... Petitioner

Through

Mr.Ashok Kr.Juneja, Advocate.

versus

THE COMMERICAL BANK EMPLOYEES CO-OPERATIVE URBAN

(S.E.) THRIFT & CREDIT SOCIETY LTD

..... Respondent

Through:

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. Challenge by means of this petition under Article 227 of the

Constitution of India is to the impugned order of the trial court dated

07.5.2014 by which the trial court has returned the plaint under Order VII

Rule 10 of the Code of Civil Procedure, 1908 (CPC) for filing the suit in the

competent court at Rohtak.

2. The subject suit is a suit for recovery of damages for malicious

prosecution. Malicious prosecution is alleged to be caused by the

respondent/defendant to the petitioner/plaintiff on account of filing of a false

2014:DHC:4162

CM(M) 781/2014

Page 2 of 3

criminal complaint under Section 138 of Negotiable Instruments Act, 1881

and 420 of the Indian Penal Code, 1860 (IPC) at Rohtak, and