MAAN PHARMACEUTICALS LTD. Vs. MINDWAVE HEALTHCARE PVT. LTD.

JUDGEMENT

(1.) The appellant (hereinafter 'MAAN') has filed the present appeal, aggrieved by an order dtd. 7/12/2021 (hereinafter 'the impugned order') passed by the learned District Judge (Commercial Court-02), Saket Courts - South District, New Delhi (hereinafter 'the learned Trial Court'), whereby the application filed by the appellant (defendant) under Order VII Rules 10 and 11 of Code of Civil Procedure, 1908 (hereinafter 'the CPC'), was dismissed.

(2.) The respondent, M/s Mindwave Healthcare Pvt. Ltd. (hereinafter 'MINDWAVE'), filed a suit against MAAN, inter alia, seeking permanent injunction restraining MAAN from using the trademark "BUPROEX-N". MINDWAVE claims to be the registered owner of the said trademark and it alleged unauthorized use of the said trademark by MAAN.

(3.) MINDWAVE, for the purpose of territorial jurisdiction of the learned Trial Court at Saket, pleaded as under: