V. GUARD INDUSTRIES LTD. Vs. SUKAN RAJ JAIN

JUDGEMENT

(1.) I.A. 3044/2021 (Under Order VII Rule 10 CPC by Defendant No. 1) 1. By way of present application filed under Order VII Rule 10 CPC read with Section 151 CPC, Defendant No. 1 has objected to the competence of this Court to entertain the present suit for want of territorial jurisdiction and has consequently prayed for return of the Plaint.

(2.) The present suit has been filed by the Plaintiff inter-alia, seeking relief of permanent injunction to restrain the Defendants from infringement and passing off of its trade mark and design. Additionally, Plaintiff has prayed for rendition of accounts from the Defendants.

(3.) The Plaintiff claims to be in the business of manufacturing, distribution and marketing/selling of electrical goods which it sells under the registered trade mark "V-GUARD" and/or its formative variants. It is averred that while Defendant No. 1 is the sole proprietor of the firm M/s N-Guard Electronic Industries having its registered office in Bengaluru, Karnataka, Defendant No. 2 provides web designing services to Defendant No. 1.