NIIT LIMITED Vs. NIIT

JUDGEMENT

(1.) Question of court fees and valuation (for the purpose of court fees and jurisdiction) has come up for decision in two suits.

(2.) Suit No.730/94, M/s.Fanner India Ltd. VS. M/s.Salbros Enterprises Pvt.Ltd. is a suit seeking reliefs of perpetual injunctions, delivery up, and rendition of accounts, complaining of infringing of plaintiff's copyright. The plaintiff has sought for two perpetual injunctions restraining passing off and infringement of the plaintiff's copyright; delivery up of the infringing material is also sought for. These three reliefs are valued at Rs.200.00 each and court fees of Rs.20.00 each has been paid. Relief of rendition of accounts has also been sought for valuing it at RS.1000.00 for the purpose of court fees, paying Rs.150.00 as court fees but valuing it for the purpose of jurisdiction at Rs.5 lacs. Total court fees paid is Rs.210.00 and total value for the purpose of jurisdiction is Rs.5,00,600.00 .

(3.) Suit No. 1294/94 NUT Ltd. VS. NUT, is a suit complaining of infringment of registered trade marks, infringment of copyright and passing off. There are three injunctions and relief of delivery up sought for each valued at Rs.200.00 for the purpose of court fees and jurisdiction with payment of Rs.20.00 as court fees on each of the four prayefs. Relief of rendition of account of profits is also sought for valuing it at Rs.200.00 for the purpose of court fees, followed by payment of Rs.20.00 as court fees, but valuing it for the purpose of jurisdiction at Rs.5 lacs. A total court fees of RS.100.00 has been paid valuing the suit at a total of RS.1000.00 for the purpose of court fees but at Rs.5,00,800.00 for the purpose of jurisdiction.