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    <title>2018 (10) TMI 2064 - DELHI HIGH COURT</title>
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    <description>A plaint may be rejected for want of territorial jurisdiction only where the plaint itself plainly shows that the court lacks jurisdiction; here, the pleadings and documents did not conclusively exclude Delhi jurisdiction, and the defendant&#039;s registered office and records were linked to Delhi. A prior employment challenge did not, by itself, bar the present specific performance claim under Order II Rule 2 because the two causes of action were treated as distinct. A defect in filing the matter as an ordinary suit rather than a commercial suit was also curable, and an ESOP scheme was not treated as a shareholders&#039; agreement so as to attract commercial dispute classification. The rejection application therefore failed on all grounds.</description>
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    <pubDate>Tue, 30 Oct 2018 00:00:00 +0530</pubDate>
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      <title>2018 (10) TMI 2064 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=465208</link>
      <description>A plaint may be rejected for want of territorial jurisdiction only where the plaint itself plainly shows that the court lacks jurisdiction; here, the pleadings and documents did not conclusively exclude Delhi jurisdiction, and the defendant&#039;s registered office and records were linked to Delhi. A prior employment challenge did not, by itself, bar the present specific performance claim under Order II Rule 2 because the two causes of action were treated as distinct. A defect in filing the matter as an ordinary suit rather than a commercial suit was also curable, and an ESOP scheme was not treated as a shareholders&#039; agreement so as to attract commercial dispute classification. The rejection application therefore failed on all grounds.</description>
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