SCOTCH WHISKY ASSOCIATION Vs. J.K. ENTERPRISES

JUDGEMENT

(1.) The Petitioner- Scotch Whisky Association (hereinafter 'The Petitioner') in the present case lays a challenge to the order dtd. 28/10/2021 passed in CS no. 07/2020 by the Commercial Court in District Indore, through which the application under Order VII Rule 11 (hereinafter O7/R11) has been partly allowed holding the suit to be maintainable only after impleadment of "Authorised User" (hereinafter 'AU') in terms of the mandate of Sec. 21 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereinafter 'GI Act').

(2.) The petitioner by filing the present petition under Article 227 of the Constitution of India, pleads that being a "Registered Proprietor" (hereinafter 'RP') of the Scotch Whisky Geographical Indication (hereinafter 'GI') has an independent right and entitlement to maintain the suit for infringement of the GI in his own independent capacity.

(3.) The petitioner mentions itself to be a company incorporated under laws of the United Kingdom with its registered office at Scotland, UK and legal representatives in India, Mr. Sunil MB Dutta has been authorized to carry out all functions on behalf of petitioner. The petitioner states itself to be an association of 56 distillers, producers, dealers, blenders, owners of proprietary brand or brands, brokers or exporters of Scotch Whisky, which is manufactured in the United Kingdom, especially Scotland. It is further mentioned that additional protection has been granted by the Government of India w.e.f 28/11/2011 under Sec. 22(2) of the GI Act.