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Atomberg Technologies (P) Ltd. vs. Eureka Forbes Ltd. & Anr. (SC)

52.00 5.20

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Code of Civil Procedure, 1908–Sec. 25–Petitioner is seeking transfer of the suit, filed by the respondent no. 1 from Delhi to Mumbai–Respondent no. 1 filed the suit for infringement of patent in Delhi, whereas the petitioner has filed the suit for groundless threat of infringement in Bombay–Petitioner’s suit is prior in the time to the institution of the suit by the respondent no. 1–Respondent no. 1 invoked the jurisdiction at Delhi on the ground of purchasing the product from online portal and getting it delivered in Delhi–Both the suits are substantially overlapping–In the interest of saving precious judicial time and to avoid duplication and multiplicity of proceedings, it would be expedient to transfer the suit pending before the Delhi High Court to the Bombay High Court–Ordered accordingly.