HSIL LTD. Vs. MARVEL CERAMICS AND ORS.

JUDGEMENT

(1.) The appellant (plaintiff in the suit) is aggrieved by the order dated 30.01.2017 whereby the applications filed by the respondents (defendants in the suit) under Order 7 Rule 10 and Order 7 Rule 11 of the Civil Procedure Code, 1908 ("CPC") have been allowed and the Single Judge has returned/rejected the plaint by holding that this Court does not have territorial jurisdiction.

(2.) The appellant had filed the suit seeking permanent injunction, thereby restraining the defendants from infringing the trademark, and copyright of the plaintiff. The appellant had claimed territorial jurisdiction on the basis of Section 134 of the Trademarks Act, 1999 (hereinafter referred to as the Act) contending that the plaintiff has an office located at Delhi.

(3.) Though the respondents are located at Ahmedabad, Gujarat and cause of action had arisen at Gujarat, the plaintiff had instituted the subject Suit in Delhi on the ground that the plaintiff was also carrying on business at Delhi. To show that the Appellant has a regional office at Ahmedabad, Gujarat reliance was placed on the Annual Report of the Appellant wherein the address of regional office is shown at Ahmedabad, Gujarat.