MICROSOFT CORPORATION Vs. RAJESH KUMAR

JUDGEMENT

(1.) This application under Order 7, Rule 10 Civil P.C. is moved by the defendants. It is alleged that in the entire plaint there is no averment of plaintiff's copyright violation within the territorial jurisdiction of this Court and rather per averments made in the plaint, the cause of action has arisen only at Gurugram, Haryana and in Hyderabad, Telangana at which places the plaintiffs have their offices and are also carrying its business, therefore, it is alleged this Court has no territorial jurisdiction to entertain this suit and the plaint be returned.

(2.) The learned counsel for the defendant has placed his reliance upon the decision in Ultra Home Construction Pvt. Ltd. Vs. Purushottam Kumar Chaubey and Ors. 2016 (4) R.A.J. 352 (Delhi) wherein while deciding the issue of territorial jurisdiction of Court under section 134(2) of the Trade Marks Act, and under section 62(2) of the Copyright Act, 1957 in the light of the decision of the Supreme Court in Indian Performing Right Society Limited Vs. Sanjay Dalia (2015) 10 SCC 161 has held as under:-

(3.) Thus, it is alleged by the learned counsel for the defendants that since the plaintiff has business and its subordinate offices at Gurugram and at Hyderabad and at which places the cause of action has also arisen so this court has no jurisdiction to try and decide this suit and the plaint be returned directing the plaintiff to file it at appropriate jurisdiction.