ALCON ELECTRONICS PVT. LTD. Vs. CELEM S.A.

JUDGEMENT

(1.) Admit. Learned counsel appearing for respondent waive service. Returnable forthwith and is heard finally.

(2.) This appeal is directed against the order and judgment dated 7th April, 2011 passed by the learned District Judge 1, Nashik allowing the application filed by the respondent under order 7 rule 11(d) of the Code of Civil Procedure, 1908 and thereby rejecting the plaint. Some of the relevant facts for the purpose of deciding this appeal are as under :-

(3.) On 18th August 2005 the appellant (original plaintiff) filed a suit against the respondent (original defendant) being Civil Suit No.216 of 2005 in the District court Nashik inter alia praying for a declaration that the threats of the defendant of infringement proceedings against the plaintiff are baseless and unjustified prayed for perpetual injunction and money decree. In paragraph 35 of the plaint it is averred that Mr.Siddharth Sachdev who is a director of the plaintiff company and who is aware of and is able to depose the facts of this case has signed and declared the plaint. The plaint is signed and verified by said Mr.Siddharth Sachdev on behalf of the plaintiff company. Parties in this order are described as were described in the impugned order.