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Judgment
Sanjay Kishan Kaul, J.—The Appellant is aggrieved by the impugned order dated 29.5.2009 of the learned Single Judge in terms whereof, the interim application for injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) filed by the Appellant was dismissed while allowing the application of the Respondent under Order 39 Rule 4 of the said Code and simultaneously, it was observed that the Courts in Delhi are not convenient forums for determination of the controversy arising in the suit.
Learned Counsel for the Respondent fairly concedes that in so far as the (Sic)ion contained for return of the plaint is predicated on the principle of forum (Sic) convenience ce, in view of the judgment of the Division Bench of this Court in (Sic)licks Ltd. and Anr. v. Heinz India (Pvt.) Ltd., 2010 (42) PTC 156 (Delhi), same could not stand judicial scrutiny. He, thus, concedes that the issue of (Sic)diction is in view of the issues to be decided after framing of issues and trial (Sic)g conducted in the matter.
Learned Counsel for the Appellant states that in view of the decision already ordered on the interim application which is only a prima facie view of the matter, (Sic)e the suit is tried by this Court, he does not wish to make any further grievance is (Sic) this stage.
In view of the aforesaid stand taken by learned Counsel for the parties, it is (Sic)eed as under:
(i) The suit will be tried in the Delhi High Court in the original side as framed.
(ii) Issues will be framed after completion of admission/denial of documents and one of the issues to be framed, will be in respect of the plea of the Respondent about lack of territorial jurisdiction.
(iii) All the issues would be decided together.
(iv) In order to facilitate an earlier decision, the trial be expedited.
(v) Towards that objective, a date is fixed before the Joint Registrar on 25th October, 2010 to carry out admission/denial of documents and the parties will file their respective original documents within a period of one month from today.
(vi) The Joint Registrar will thereafter place the matter before the Court for framing of issues.
(vii) A joint request will be made before the learned Single Judge to appoint a retired judicial officer who will record the evidence as the board of the Joint Registrar is over burdened.
(viii) The fee of the Local Commissioner will be shared equally between the parties and the Local Commissioner will make endeavour to complete recording of evidence within a period of three months from the first date before the Local Commissioner.
(ix) Learned Counsel for the parties will make available space in the premises of the High Court for the Local Commissioner to record evidence.
(x) On completion of evidence, the matter will be placed for directions before learned Single Judge to fix a date for final hearing in the suit.
In view of the aforesaid agreement, the appeal is disposed of while setting the aside directions contained in the impugned order for return of the plaint.
Parties are left to bear their own costs.