Supreme Court of India · 2004-04-06
M/S. Gupte Cardiac Care Centre & ... vs Olympic Pharma Care Pvt. Ltd
- Citation / case number
- AIR 2004 SUPREME COURT 2339
- Court
- Supreme Court of India
- Petitioner
- M/S. Gupte Cardiac Care Centre & ...
- Respondent
- Olympic Pharma Care Pvt. Ltd
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, Ashok Bhan
Judgment text excerpt
The Supreme Court held that under Section 10 of the Code of Civil Procedure, 1908, when two suits arise from the same transaction, only one can be tried to avoid conflicting decrees. The Court exercised its discretion under Section 25 of the CPC to transfer the suit from Delhi to Nashik, emphasizing the importance of expediency for the ends of justice and the convenience of the parties. The Court found that the suit at Nashik was filed first and thus should be heard there.