ICICI BANK LTD Vs. CHUANDONG XU

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions and on the condition that the plaintiff will file typed copy of dim documents and English translation of documents within four weeks. The plaintiff will also file original documents/certified copies as and when directed by this Court.

(2.) Counsel for the plaintiff has drawn my attention to Chapter 23 in Private International Law by Paras Diwan. He has also drawn my attention to Judgment of a Division Bench of Allahabad High Court in Gaekwar Baroda State Railway v. Sheikh Habib Ullah, 1934 AIR(All) 740, wherein it has been observed that jurisdiction of a Court to entertain a suit against a foreigner or a person outside its territorial jurisdiction depends upon the local law/municipal law. Counsel for the plaintiff, in this context, relies upon Section 134(2) of the Trade Marks Act, 1999 and states that the Courts where the plaintiff carries on business have jurisdiction to entertain a suit for infringement. It is therefore submitted that this Court has jurisdiction to decide the present suit. Let the plaint be registered as a suit.

(3.) Issue summons to the defendants on the plaintiff taking steps within seven days by all modes prescribed under Order V, Rule 9 of the Code of Civil Procedure, 1908, for 26th February, 2009.