INTAS PHARMACEUTICALS LIMITED Vs. ALLERGAN INC

JUDGEMENT

(1.) THE issue that arises for consideration in this appeal is whether this Court has the territorial jurisdiction to try and entertain the suit, which was filed by the respondent herein.

(2.) THE respondent as plaintiff filed a suit on the Original Side of this Court, praying inter alia for a decree of mandatory injunction and damages, as also for infringement of trade mark, passing off and unfair competition against the appellant/defendant in the suit. In the said suit, the respondent / plaintiff claimed that the plaintiff No.1 is a registered proprietor of the trademarks BOTOX and BTX-A in India. It was also stated by the respondent/plaintiff that this court has the territorial jurisdiction to try and entertain the suit as the offending product of the appellant/defendant is sold by the appellant/defendant in and around Delhi, within the jurisdiction of this court.

(3.) THE learned Single Judge considered the aforesaid plea raised by the appellant in its application and vide order dated 28th April, 2006 rejected the same holding that a part of the cause of action having arisen within the territorial jurisdiction of this court, the suit filed by the respondent cannot be dismissed for want of territorial jurisdiction. The aforesaid findings and the conclusions arrived at by the learned Single Judge are under challenge in this appeal.