VidhiSangh

Supreme Court of India · 07/03/2019

ISHA DISTRIBUTION HOUSE PVT. LTD. versus ADITYA BIRLA NUVO LTD. & ANR.

[2019] 2 S.C.R. 957 · 2019 INSC 330

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Summary

The Supreme Court restored a suit after holding that the disputed territorial-jurisdiction plea should have been raised in the written statement and tried through framed issues. Except in the clearest cases, difficult mixed questions should not be determined by revoking Clause 12 leave on an application. Jurisdiction and substantive merits remained open.

Issues

  1. Whether the disputed territorial-jurisdiction question was properly decided on an application to revoke leave.

Provisions considered

Held

Result

Appeals allowed; impugned orders and Single Judge’s revocation order set aside; revocation application dismissed. Defendants permitted to file written statement and raise jurisdiction and other pleas; suit remanded for framing and deciding issues. Merits reserved.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 957.