Microsoft Corporation & ANR v. Sridhar Kamineni & ORS

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1189/2012 MICROSOFT CORPORATION & ANR ..... Plaintiffs Through:

Ms. Kruttika Vijay, Advocate versus SRIDHAR KAMINENI & ORS ..... Defendants Through:

None

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 09.02.2016 1.

In view of the judgment of the Supreme Court in the case of Indian Performing Rights Society Ltd. Vs. Sanjay Dalia and Anr. (2015) 10 SCC 161, and since the plaintiff has an office in Hyderabad, it is agreed that this Court would not have territorial jurisdiction. It is further agreed that the suit be transferred to the competent Court in the State of Telangana. 2.

Accordingly, this case is returned under Order 7 Rule 10 CPC, to be filed before the competent Court functioning in the State of Telengana. The registry will return the plaint by following the procedure laid under Order 7 Rule 10 CPC.

CS(OS) 1189/2012

3.

Interim Order which is passed by this Court on 30.4.2012 is continued for a period of four weeks from today to enable the plaintiff to seek appropriate orders on filing of the suit which will be filed in the court of competent territorial jurisdiction.

4.

Since the suit is returned to the plaintiff before the recording of evidence, exercising the powers under Section 16A of the Court Fees Act, 1870, as applicable to Delhi, plaintiff is held entitled to refund of 50% of the Court Fees.

Registry will issue necessary certificate in favour of the plaintiff no.2.

VALMIKI J. MEHTA, J FEBRUARY 09, 2016/hkaur CS(OS) 1189/2012