K. K. RAJAN Vs. V. VIDHYA INDUSTRIES

JUDGEMENT

(1.) This Application has been filed filed to revoke the leave to sue granted to the Plaintiff on 30.01.2019 in Application No.792 of 2019.

(2.) It is the main contention of the applicants/defendants that both the Plaintiff and defendants are carrying on business in Coimbatore and not within the jurisdiction of this Court. This suit has been filed before this Court and leave to sue is obtained by the plaintiff on the alleged ground that the second defendant has its business address in Chennai. The defendants doing their business viz., monobloc pumps and other pumps of various kinds, hand operated agricultural implements, tools, hand pumps, etc., at Coimbatore under the name and style of Sharp Industries since 1979. They have been selling several of its products under the brand name "SHARP". It is his further contention that the defendants have no business address in Chennai and even till date the defendants have not carrying on their business in Chennai in the address stated by the Plaintiff. No part of cause of action has arisen before this Court. By virtue of Section 134 of Trademarks Act 1999, the suit has to be instituted at a place where the plaintiff resides or carries on business or personally works for gain or where Defendant is residing or where cause of action wholly or in part arises. The Plaintiff is residing and carrying on business at Coimbatore where the defendant is also residing.

(3.) It is the contention of the Respondent/Plaintiff that the Second Defendant has its place of business at Chennai and the goods of the defendants are available at Chennai through the 2nd defendant on a commercial scale. The averment in the plaint alone relevant for deciding cause of action. Whether or not the defendants are carrying on their business in Coimbatore or at Chennai can be decided only at the time of trial. Since the defendants are selling the product of 1st defendant materials at Chennai, this Court is having jurisdiction.