JAYANT INDUSTRIES Vs. INDIAN TOBACCO COMPANY (ITC)

JUDGEMENT

(1.) The present Interim Application is filed by the Defendant seeking the following reliefs:-

(2.) To put it in a nutshell, what the Defendant seeks is a judgment of dismissal of the above Suit under the provisions of Order XIII-A of the Code of Civil Procedure, 1908 (for short "the CPC ") and, in the alternative, a direction to the Plaintiff to deposit sufficient monies in this Court to cover the costs and expenses of the Defendant in defending the captioned Suit.

(3.) The application is filed for dismissal on the ground that based on the documents relied upon by the Plaintiff herself [JANVI SHAH (for short "JANVI ") and who is the sole proprietor of JAYANT INDUSTRIES], she has no real prospect of succeeding on either claim made in the Suit and there is no compelling reason justifying the non- disposal of the claims of the Plaintiff before the recording of oral evidence. In other words, it is the case of the Defendant that the claim made in the present suit does not have any real prospect of succeeding. It is a highly fanciful claim and has been made only to harass the Defendant. Though the suit is instituted in the name of the sole proprietary concern of JANVI i.e. JAYANT INDUSTRIES, I shall refer to the Plaintiff as JANVI. Similarly, any reference to the Plaintiff in this judgment shall mean JANVI.