Disney Enterprise,Inc & ANR v. Aslam & ANR

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2292/2012 DISNEY ENTERPRISE,INC & ANR ..... Plaintiffs Through:

Mr. Bharat S. Kumar, Advocate versus ASLAM & ANR ..... Defendants Through:

Mr. Gaurav Barathi, Advocate

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 05.02.2016 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, it is agreed that this Court would not have territorial jurisdiction. It is further agreed that the suit be transferred to the competent Court functioning under District & Sessions Judge, Mumbai, Maharashtra. 2.

Accordingly this case is returned under Order 7 Rule 10 CPC, to be filed before the competent Court functioning under the District & Sessions Judge, Mumbai, Maharashtra. The registry will return the plaint by following the procedure laid under Order 7 Rule 10 CPC. CS(OS) 2292/2012

3.

Since the suit has to be returned at the request of the counsel for the plaintiff and exercising the powers under Section 16A of the Court Fee 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.

VALMIKI J. MEHTA, J FEBRUARY 05, 2016/hkaur CS(OS) 2292/2012