PRAGATHI RUBBER MILLS Vs. PARAGON RUBBER INDUSTRIES

JUDGEMENT

(1.) The defendants in O.S. No. 2 of 2001, on the file of the court of the District Judge, Kottayam, challenge the order dated 6.10.2004 in I.A. No. 322 of 2004 in O.S. No. 2 of 2001, by which the court below held that it has got territorial jurisdiction to try the suit. The suit was filed by the respondent claiming reliefs under the Copyright Act, 1957 and The Trade and Merchandise Marks Act, 1958. The plaintiff also sought for reliefs alleging that there was passing off the goods of the plaintiff as the goods of the defendants.

(2.) It is stated that an interim injunction was granted in favour of the plaintiff. The defendants challenged that order in CMA. No. 52 of 2003 before the High Court. The was disposed of directing the trial court to dispose of the suit.

(3.) Thereafter, the defendants filed I. A. No. 322 of 2004 to try the question of territorial jurisdiction as a preliminary issue. The defendants raised a contention that the District Court, Kottayam has no territorial jurisdiction to try the suit. The court below dismissed the application by the order dated 22.3.2004. That order was challenged in C.R.P. No. 363 of 2004. This Court allowed the revision. The trial court was directed to decide the issue of territorial jurisdiction afresh.