Calcutta High Court
Zomato Hyperpure Private Limited vs Rising Tide Ventures Private Limited on 3 March, 2025
OC-3
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
CS-COM/4/2025
ZOMATO HYPERPURE PRIVATE LIMITED
-VS-
RISING TIDE VENTURES PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : March 3, 2025.
Appearance:
Ms. Amrita Pandey, Adv.
...for the plaintiff The Court: Ms. Amrita Pandey, learned counsel, is appearing for the plaintiff.
The matter is listed as 'To Be Mentioned' on receipt of the office report.
It is found that office has submitted the report to the effect that both the plaintiff and the defendant are outside the jurisdiction of this Court but the plaintiff has not mentioned in the cause title with regard to the fact that the plaintiff and the defendant are outside the jurisdiction of this Court. Counsel for the plaintiff submits that though the parties are outside the jurisdiction of this Court but part cause of action arose within the jurisdiction of this Court as the defendant has furnished bank guarantee in the Kotak Mahindra Bank, Part Street Branch, which is within the jurisdiction of this Court.
Counsel for the plaintiff prays for leave to amend the cause title of the plaint by incorporating that the plaintiff is outside the jurisdiction of this Court and the defendant is outside the jurisdiction of this Court. 2
Considering the submission made by the counsel for the plaintiff, the plaintiff is granted leave to make appropriate amendment in the cause title of the plaint by incorporating in the address of the plaintiff as well as in the address of the defendant that they are outside the jurisdiction of this Court within a week from date.
After carrying out the amendment, the plaintiff is given liberty to reverify and reaffirm the affidavit of the plaint within a week thereafter.
(KRISHNA RAO, J.) sp3