RITIKA LIMITED Vs. PRAMOD KANODIA

JUDGEMENT

(1.) This is an application under Order 14 Rule 2 sub rule (a) and sub rule 2(b) read with Section 7 and 10 Code of Civil Procedure and Section 151 Code of Civil Procedure seeking dismissal of the suit in its present form or in the alternative to return the plaint for filing the same in the appropriate Court on the short ground that this Court has no territorial Jurisdiction to try the instant suit. A similar application has also .been filed by way of IA No. 3455/2000. Both the applications stand decided by this order because of the commonality of the relief.

(2.) The plaintiff is a Fashion Designer and manufacturers .and sells Fashion Garments for ladies in the trading style of Ritu's Boutique. The plaintiff's garments are identifiable on account of the originality of the fabric prints. The garments so manufactured have element of exclusivity bearing creative original prints resulting in complex printed textiles and produced in limited editions to retain exclusivity. This involves expensive and time consuming Research & Development of the fabric prints. Various steps involved in creating and designing of the prints have been detailed in para 6 of the plaint.

(3.) On the aforesaid premise the plaintiff has sought permanent infunction restraining the defendants, their respective proprietors or partners, their officers, servants, agents and all others acting for and on their behalf from reproducing, printing, publishing and distributing or offering to sell prints in any form whatsoever that are a colourable imitation or substantial reproduction of the plaintiff's drawings/sketches, templates, film tracings, screens, engravings and/or fabric designs pertaining to 'Kulah', Ambi Bandhini' and ' Sangrnarmar ' and/or any other prints enumerated in the plaintiff's catalogue amounting to infringement of the plaintiff's copyright.