KHAITAN INDIA LIMITED Vs. KHAITAR INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) The defendants have filed the present application praying for framing of preliminary issue "Whether this Court has territorial jurisdiction to entertain, try and determine the present suit?"

(2.) The plaintiff has filed the suit against the defendants, for permanent injunction, restraining the defendants and each of them, their servants, agents, assigns, distributors, stockists and dealers from in any way or any manner infringing the plaintiff's trademark "KHAITAN" or any other words identical or deceptively similar to the trademark of the plaintiff.

(3.) Learned Advocate representing the defendants submitted that the defendants are carrying on business outside the jurisdiction of this Court and admittedly the defendants are not selling the product having trademark "KHAITAR" within the jurisdiction of this Hon'ble Court. He submits that as per the averments made in paragraph 52 of the plaint, the plaintiff has pleaded that the defendants are selling products having mark of "KHAITAR" in and around Hyderabad and Telangana which is outside the jurisdiction of this Court and the plaintiff has also pleaded that the acts of passing off has been committed and is continuing to be committed outside the jurisdiction of this Court.