ASHA AGARWAL Vs. ARBIND & CO.

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned senior counsel for the petitioners. Also heard Mr. N. Choudhury, learned counsel for the respondents. The challenge in this application under Article 115 read with Section 151 CPC is the order dated 16.09.2011 passed by the learned District Judge, Jorhat in Title Suit No. 3 of 2008 disposing the case on withdrawal but refusing to grant liberty to the plaintiff to file a fresh suit.

(2.) The plaintiff instituted Title SuitNo. 3 of 2008, as it appears from the application under Order 23 Rule 1 CPC, for perpetual injunction for infringement of Trade Mark, Copy Right, passing off, damages etc. along with a petition under Order 39 Rule 1 and 2 CPC read with Section 135(2) of Trade Mark Act, 1999 and Section 151 CPC.

(3.) The prayer for injunction was rejected by the learned District Judge, Jorhat in Misc. (J) Case No. 178 of 2008 by an order dated 09.12.2009 on, amongst other, the ground that the Court had no jurisdiction to entertain the suit under Section 134 of the Trade Mark Act or under Section 20(b) CPC.