SYNDET AND CHEMICAL INDUSTRIES LIMITED Vs. KISHAN AGGARWAL

JUDGEMENT

(1.) Defendants have filed this application under Order 7 Rule 10 read with Sections 21 and 151 CPC alleging that the defendants are permanently residing at Shikohabad (U.P.) and are carrying on business there. They never sold any goods in Delhi. Plaintiff has got no copyright in the alleged artistic work shown on the polybags/wrappers of their detergent powder and cakes. Section 62(2) of the Copyright Act, 1957 does not apply and this Court has no jurisdiction to try the present suit. It was prayed that the plaint be returned to the plaintiff.

(2.) In the reply, it is alleged that the plea taken by the defendants that the case of the plaintiff in respect of infringement of copyright is not maintainable, is an issue to be adjudicated by the Court in the suit and cannot be a ground either for return or rejection of the plaint under Section 21 or Order 7 Rule 10. CPC. It is stated that the plaintiff is carrying on business in Delhi. In Para 19 of the plaint, Plaintiff has made categorical averment that this Court has jurisdiction under Section 62(2) of the Copyright Act, 1957. It is reiterated that the goods of the defendants are being sold at Delhi in clandestine manner.

(3.) in support of the application, contention advanced by the learned counsel for the defendants was two fold. First, that the plaintiff has not made, out any case of infringement of copyright against the defendants. Second, that the defendants never sold their detergent powder or cakes in Delhi.