Thermo Fisher Scientific Inc v. Life Technologies India Private Limited Thr Rajan Sahni

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 175/2016 & CM APPLS.22152/2016 & 25055/2016 THERMO FISHER SCIENTIFIC INC ..... Appellant Through: Mr. Chander M. Lall with Ms. Nancy Roy and Mr. Jayant Kumar, Advocates.

versus LIFE TECHNOLOGIES INDIA PRIVATE LIMITED THR RAJAN SAHNI ..... Respondent Through: Mr. Salman Khurshid with Ms. Mitali Chauhan, Ms. Roshni Anand and Ms. Shubhi Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 19.07.2016 Several applications were disposed of by the impugned order dated 21.05.2016, which included applications under order 7 Rule 10 CPC, Order 7 Rule 11 CPC, and Order 26 Rule 9 CPC.

We have heard learned counsel for the parties. After hearing learned counsel for the parties in detail, we are of the view that the learned Single Judge ought to hear the arguments on each of these applications.

This is so, because particularly in respect of applications under Order 7 Rule 10 CPC and Order 7 Rule 11 CPC, certain decisions of Division Benches have not been noticed in the impugned decision pertaining to territorial jurisdiction in the case of internet access/transactions. Those decisions have to be considered in the light of the arguments, which may be advanced by learned counsel for the parties. Consequently, we set aside the impugned order and remit the matter to the learned Single Judge for decision afresh on each application after hearing the arguments of counsel for both the sides. The position as obtaining on 26.05.2016 shall continue, till the decision by the learned Single Judge.

The applications be now listed before the learned Single Judge for directions on 27th July, 2016 in the first instance. The present appeal stands disposed of. We are making it clear that we have not expressed any opinion on the merits of the case. BADAR DURREZ AHMED, J ASHUTOSH KUMAR, J JULY 19, 2016 / n