TROIKAA PHARMACEUTICALS LTD Vs. WOCKHARDT LTD
SUPREME COURT OF INDIA
TROIKAA PHARMACEUTICALS LTD.
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(1.)Heard counsel for the parties.
(2.)A suit has been filed by the petitioner against the respondents in Ahmedabad on the violation of a trade mark of the petitioner. Having obtained time for filing the written statement, the respondent then chose to file Suit No. 13 of 2001 entitled Wockhardt Limited v. Devendra Medical Store and Anr. against the petitioner herein in the Court of the District Judge, Kanpur Dehat (UP). The present application has been filed for transfer of the suit filed by respondent No, 1 to Ahmedabad. It is not in dispute that as far as respondent No. 1 is concerned, its registered office is at Bombay and its factory is in Gujarat. How it chose to go to Kanpur to file a civil suit defies all logic, it is clear that the intention was to harass the petitioner. We are satisfied that this is a fit case for transferring the petition. The Courts are not meant to be used for such business rivalries and trying to inconvenience another party at the expense of the Court's time. Such type of litigation has to be discouraged with a heavy hand. We, therefore, allow this petition directing the transfer of Suit No. 13 of 2001 entitled Wockhardt Limited v. Devendra Medical Store and Anr. from the Court of the District Judge, Kanpur Dehat (U.P.) to the City Civil Court, Ahmedabad and further direct the said suit to be tried alongwith Suit No. 3546/2001 entitled Troikaa Pharmaceuticals v. Wockhardt Ltd. and Ors.
(3.)This petition is allowed with Rs. 10,000/- as costs.
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