KITEX LTD Vs. D SUREKHA

JUDGEMENT

(1.) Appellants are the plaintiffs in O.S. 204 of 1992 of the II Additional Sub court, Ernakulam. Plaintiffs filed I.A 1557 of 1992 for interim injunction restraining the respondents (defendants) from releasing telecast or telecasting the serial "Ithihyamala" pending disposal of the suit. Interim injunction was granted. The learned Sub Judge vacated the interim injunction by order dated 25-3-1992 holding that the Court lacks territorial jurisdiction to entertain the suit and so the plaintiffs are not entitled to the interim injunction.

(2.) The case of the plaintiffs is that the defendants in violation of their agreement with them regarding the telecast of the serial "Ithihyamala" are trying to telecast it with some other co-sponsors and if that is allowed to be done it would cause irreparable hardship to them. According to the plaintiffs, if their commercial advertisements are not advertised along with the serial as agreed to between them and the defendants, it would cause them considerable loss and hardship. Defendants contended inter alia that the Court has no territorial jurisdiction to entertain the suit and so the injunction granted should be vacated.

(3.) Contention of the plaintiffs is that some discussions did take place at the Ernakulam office of the plaintiffs and so defendants' contention that the Sub court, Ernakulam has no territorial jurisdiction to try the suit is totally untenable. The learned Sub Judge held that the documents produced in the case are not in anyway sufficient to hold that any part of the transaction between the parties had taken place within the jurisdiction of the Court.