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april 2004

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.

M/S. Gupte Cardiac Care Centre & ... vs Olympic Pharma Care Pvt. Ltd · Niyam