UNILEVER PLC Vs. VESCO LABORATORIES

JUDGEMENT

(1.) Admit. Shri Umesh A.Trivedi, learned advocate waives service of notice of admission on behalf of respondents-original defendants. With the consent of learned advocates appearing for the respective parties, the appeal from order is taken up for final hearing today.

(2.) Present appeal from order under Order 43 Rule 1 of the Code of Civil Procedure is preferred by the appellants-original plaintiffs (hereinafter referred to as "plaintiffs") challenging the order passed by the learned Chamber Judge, City Civil Court at Ahmedabad dated 17.10.2008 passed below Exh.25 in Civil Suit No.2058 of 2008 by which the learned Chamber Judge has allowed the said application submitted by the original defendant No. 1 by disposing of the said suit on the ground that the City Civil Court at Ahmedabad has no jurisdiction to grant the reliefs sought in the said suit and thereby returning the plaint to the plaintiffs for presentation before the appropriate court having the jurisdiction, in exercise of the powers under Order 7 Rule 10 of the Code of Civil Procedure.

(3.) Original plaintiffs have instituted Civil Suit No. 2058 of 2008 in the City Civil Court at Ahmedabad for infringement of trade mark and copyright and action for passing off against the defendants and have prayed the following reliefs: