RAJMOTI INDUSTRIES Vs. RAJMOTI OIL MILL PVT LTD

JUDGEMENT

(1.) THIS APPLICATION ON BEHALF OF DEFENDANT UNDER ORDER VII 11 CPC SEEKS REJECTION OF THE PLAINT ON THE PLEA OF WANT OF TERRITORIAL JURISDICTION OF THIS COURT.

(2.) THE LEARNED COUNSEL FOR THE DEFENDANT HAS RAISED OBJECTIONS BASED ON TERRITORIAL JURISDICTION BY SUBMITTING THAT SECTION 62(2) OF THE COPYRIGHT ACT, 1957 READ WITH SECTION 134(2) OF THE TRADE MARKS ACT AND SECTION 20(2) OF THE CIVIL PROCEDURE CODE(HEREINAFTER REFERRED TO AS THE `CR. ACT', `T.M. ACT' AND THE `CODE') INDICATE THE PLACE WHERE THE PLAINTIFF 'CARRIES ON BUSINESS' WHICH IS THE COMMON DETERMINATIVE FACTOR IN ALL THESE SECTIONS. HE HAS FURTHER SUBMITTED THAT THE EXPRESSION "CARRIES ON BUSINESS" IS A SINE QUA NON FOR ATTRACTING THE TERRITORIAL JURISDICTION OF THIS COURT UNDER SECTION 62(2) OF CR ACT AND SECTION 134 (2) OF THE T.M. ACT WHICH PROPOSITION THE LEARNED COUNSEL FOR THE PLAINTIFF DOES NOT DISPUTE AT ALL.

(3.) THE PRINCIPAL SUBMISSION, ADVANCED BY THE DEFENDANT'S COUNSEL IS BASED UPON THE JUDGMENT OF THE HON'BLE SUPREME COURT IN EXPHAR SA & ANOTHER VS EUPHARMA LABORATORIES LTD. & ANOTHER (2004) 3 SCC 688. THE RELEVANT PORTIONS OF THE SAID JUDGMENT WHICH DEALT WITH THE EFFECT OF THE SECTION 62(2) OF THE CR. ACT READS AS FOLLOWS:-