SAP AKTIENGESELLSCHAFT AND ANR. Vs. VAREHOUSE INFOTECH

JUDGEMENT

(1.) BY this order, I shall dispose of an application being I.A. No. 11153/2009 under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC) filed by the defendant praying return of plaint to the plaintiffs on account of lack of territorial jurisdiction pertaining to present suit.

(2.) THE brief facts are that the plaintiffs filed the suit for permanent injunction restraining infringement of copyright, damages, delivery up, rendition of account of profits etc. The suit has been filed by M/s. SAP Aktiengesellschaft, Germany, the plaintiff No. 1 and M/s. SAP India Pvt. Ltd., Salarpuria Soft Zone, 2nd floor, Wing A, Sarjapur, Outer Ring Road, Bellundur Post, Bangalore -560 103, also at 2nd floor, Gesco Centre, 70, Nehru Place, New Delhi -110019. The plaintiffs have invoked the territorial jurisdiction of this Court in terms of para 26 of the plaint which reads as under:

(3.) IN the present application filed by the defendant under Order VII Rule 10 CPC the defendant has mainly reiterated the defence stated in para 26 of the written statement. It is contended that the defendant is neither residing nor carrying on business within the jurisdiction of this Court and the plaintiffs have deliberately and intentionally misled this Court by making a statement to the contrary.