CONZERV SYSTEMS P. LTD. Vs. T.K. BABU

JUDGEMENT

(1.) THE defendants have applied under Order 7 Rule 11(d) of the CPC for rejection of the plaint stating that this Court does not have the territorial jurisdiction to entertain the same and the institution of the suit in this Court is an abuse of process and to harass the defendants.

(2.) THE plaintiffs have instituted the suit (i) for the reliefs of permanent injunction restraining the defendants from using the trademark ELECON, True RMS Logo and VAF or any other deceptively similar trade mark in relation to Digital Panel Meters, Multi Function Load Managers, Electrical/Electronic meters or any cognate or allied product so as to result in an infringement of the plaintiff's registered trade mark and passing off of the plaintiff's marks ENERCON, True RMS Logo and VAF; (ii) a decree for permanent injunction for restraining the defendants from using the Elecon leaflets, brochures, circuit diagrams, software etc or any other material of the plaintiff; (iii) for restraining the defendants from using the confidential information gathered by them from the plaintiff; (iv) for restraining the defendants from inducing breach of contracts between the plaintiff and its suppliers/vendors and employees; and (v) for the relief of damages, rendition of accounts, delivery etc.

(3.) SINCE the dispute is whether from a reading of the plaint itself it can be said that this Court has no territorial jurisdiction to entertain the suit, it must be noted that the plaintiff in the memo of parties has given its address as that of Bangalore and at B -10A, South Extension Part II, II Floor, New Delhi; the address of all the defendants given in the memo of parties is of Bangalore.