IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NOs. 546-547 OF 2020

M/S ISHA DISTRIBUTION HOUSE PVT. LTD.

Petitioner(s)

VERSUS

M/S ADITYA BIRLA FASHION AND RETAIL LTD.

Respondent(s)

O R D E R

Having heard Ms. Kiran Suri, learned Senior Advocate

appearing on behalf of the petitioner and Shri Sanjeev Kumar,

learned counsel appearing on behalf of the respondent and

considering the fact that even the Bengaluru Court dismissed the

application preferred by the petitioner under Order 7 Rule 11 of

the Code of Civil Procedure, 1908 (CPC) which was filed to

reject the plaint on the ground of jurisdiction and even the

application filed under Section 10 of the CPC to stay the

proceedings at Bengaluru Court on the ground that in Kolkata

Court, the suit which was filed prior in time, we see no reason

to transfer the proceedings from Bengaluru Court to the Kolkata

Court in exercise of powers under Section 25 of the CPC. The

Transfer Petitions stand dismissed.

However, it is observed that any proceedings pending before

contd..

Digitally signed by

SNEHA

Date: 2022.09.29

17:13:38 IST

Re