Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Pawan Garg Vs Saurabh Rawlley & Anr.
CS Comm 893/23
15.12.2023
Present:- Sh. M.K. Miglani, Advocate for plaintiff.
Sh. P.K. Jain, Advocate for defendant no.1.
It is submitted by learned Sh. Jain that this court has
no territorial jurisdiction to try this suit.
It is specifically alleged in the plaint that infringed
material/goods is sold within the territorial jurisdiction of this
court. Hence, the plaintiff cannot be thrown out at this stage and
court should proceed with the case.
List of documents along with documents sought to be
filed by learned Sh. Miglani as per order 11 rule 1 (2) CPC.
Prima facie documents appear to be in response to the
case set up by the defendant after filing of plaint. Copy of
documents supplied to learned Sh. Jain.
As per pleadings both the parties i.e. plaintiff and
defendant no.1 are in the business of rice selling. It is submitted
by learned Sh. Miglani that FSSAI license is necessary for selling
the packaged eatables and the FSSAI license number is not
mentioned in the packaging of defendant no.1.
Let both the parties to produce their original
packaging. Defendant no.1 to also file affidavit as regards to grant
of FSSAI license to him and if the license has been granted let a
copy of the same be also produced along with affidavit.
Put up for arguments on application under order 39
rule 1 & 2 CPC on 30.01.2024.
(Ajay Pandey)
District Judge (Commercial Court-10)
Central, Tis Hazari,15.12.2023
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