PHILLIPS 66 COMPANY Vs. RAAJ UNOCAL LUBRICANTS LIMITED

JUDGEMENT

(1.) The present application has been filed on behalf of the applicant/defendant seeking reclassification of the present suit from a commercial suit to an ordinary suit. Reply has been filed on behalf of the plaintiff, which is not on record. However, a copy of the same has been handed over in Court and taken on record.

(2.) The present suit has been filed seeking recovery of USD 1,039,268.85/- (Rs.7,72,17,675.5) from the defendant on the basis of judgment dtd. 30/9/2021 passed by the United States District Court for the Southern District of Texas, Houston Division (hereinafter "US District Court") in Civil Action No.4:21-cv-00279 titled Phillips 66 Company v. Raaj Unocal Lubricants Limited. The said suit was filed by the plaintiff for the enforcement of its intellectual property rights against the defendant in the United States of America.

(3.) Senior counsel appearing on behalf of the applicant/defendant submits that the present suit does not fall within the definition of 'commercial dispute' under Sec. 2(1)(c) of the Commercial Courts Act, 2015. It is stated that the present suit does not fall in any of the categories mentioned in Sec. 2(1)(c) of the Commercial Courts Act and consequently, cannot be treated as a commercial suit. Reliance in this regard is placed on the judgment of the Supreme Court in Ambalal Sarabhai Enterprises Limited v. K.S. Infraspace LLP and Another, (2020) 15 SCC 585 and order dtd. 26/4/2017 passed by a Coordinate Bench of this Court in CS(COMM) 52/2017 titled Qatar Airways Q.C.S.C v. Airports Authority of India and Anr. It is further contended that the present suit is not based on intellectual property rights in India, which are being litigated between the parties by way of other suits that are pending adjudication before this Court. The suit before the US District Court was based purely on the infringement of intellectual property rights in United States of America and unconnected with the intellectual property rights in India.