DABUR INDIA LIMITED Vs. K R INDUSTRIES

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Single Judge on 22nd May, 2006 allowing the application filed by the defendant/respondent herein under Order VII Rule 11 of the Code of Civil Procedure.

(2.) By the aforesaid order, the learned Single Judge held that the suit filed by the appellant herein, insofar it relates to the relief for passing off, is not maintainable for want of territorial jurisdiction and since the plaint is filed for both causes of action, namely, infringement of copy right and passing off, the same is required to be returned to the appellant / plaintiff for filing in the Court of competent jurisdiction.

(3.) We have heard the learned counsel appearing for the appellant. Mr. Shailen Bhatia, who had been appearing for the respondent herein in the Suit, is present in Court and States that after the decision in rendered is the Suit he has returned the brief to his client and thereafter he has no instructions to appear in the present appeal.