HSIL LIMITED Vs. ALTRA CERAMIC AND ORS

JUDGEMENT

(1.) The counsel for the defendants in each of the suits has contended that in terms of (i) HSIL Limited Vs. Marvel Ceramics,2017 SCCOnLineDel 6783, appeal whereagainst was dismissed in HSIL Limited Vs. Marvel Ceramics,2017 SCCOnLineDel 11571 (DB) and SLP(C) No.36323/2017 preferred whereagainst was dismissed on 11th January, 2018; (ii) HSIL Ltd. Vs. Imperial Ceramic,2018 SCCOnLineDel 7185; and, (iii) order dated 26th February, 2018 in CS(COMM) No.843/2016 titled HSIL Ltd. Vs. Mulia Brothers, the plaint in these three suits is also to be returned to the plaintiff for filing in the Court of appropriate jurisdiction. It is stated that the plaint in these three suits is identical, qua the plea of territorial jurisdiction, to the plaint in the aforesaid cases.

(2.) The counsel for the plaintiff has argued that there is an essential difference between these three suits and the suits judgments wherein are mentioned herein above. It is contended that while in all the aforesaid suits the defendants therein had filed applications under Order VII Rule 10 of the Code of Civil Procedure, 1908 (CPC) prior to the plaintiff applying under Order VI Rule 17 of CPC, as has been done by the plaintiff in these three suits also, the defendants in these three suits have not filed any applications under Order VII Rule 10 of the CPC. It is argued that what prevailed with this Court in HSIL Ltd. Vs. Imperial Ceramicfor not considering the applications under Order VI Rule 17 of the CPC filed by the plaintiff was the prior filing of the applications by the defendants under Order VII Rule 10 of the CPC and in the absence of any application under Order VII Rule 10 of the CPC by the defendants in these suits, there is no impediment to the application under Order VI Rule 17 of the CPC being considered. It is further argued that though as per HSIL Limited Vs. Marvel Ceramics supra, on the plaint as existing, this Court does not have territorial jurisdiction but if the amendment as sought by the plaintiff is allowed, then this Court would have territorial jurisdiction to entertain these suits.

(3.) The counsel for the defendants points out that there was no application under Order VII Rule 10 of the CPC in HSIL Ltd. Vs. Mulia Brothers also but the counsel for the plaintiff still, on 26th February, 2018, when the said suit was listed, himself stated that HSIL Ltd. Vs. Mulia Brothers was covered by HSIL Ltd. Vs. Imperial Ceramic. Attention in this regard is invited to paras 1 & 13 of the order dated 26th February, 2018 in HSIL Ltd. Vs. Mulia Brothers.