PUJA MECHANICAL WORKS Vs. POOJA MACHINES (P) LTD

JUDGEMENT

(1.) BY invoking the provisions of Article 227 of the Constitution of India read with Section 115 CPC the petitioners have challenged the order dated 26.7.2006 Annexure P-1 vide which application moved by the petitioners under Order 7 Rule 11 read with Sections 151 CPC for rejection of the plaint, for want of territorial jurisdiction, has been ordered to be dismissed.

(2.) THE respondent-plaintiff filed a suit for infringement of registered trade mark under the Trade Marks Act, 1999 seeking declaration to the effect that the petitioner-defendants, their agents, assignees, representatives, employees do not have any right, interest or legal right to sell or market sewing machines, sewing machine stands, tables, bases, covers, motors, ceiling fans, pedestal fans, mono-block pump sue, stabilizers and other accessories or any goods by infringing the registered trade name "Pooja" belonging to the plaintiff under the garb of the name of the defendants business concern "Puja Mechanical Works" by "passing off" their product, which are identical and deceptively and phonetically similar to the registered Trade Mark "Pooja" exclusively belong to the plaintiff-respondent. Consequently, relief of permanent injunction was also sought.

(3.) ON notice having been issued, the petitioner put in appearance and moved an application under Order 7 Rule 1 read with Section 151 C.P.C. for rejection of the plaint for want of territorial jurisdiction. The application was moved by invoking the provisions of Section 20 CPC to contend that neither any cause of action has accrued to the plaintiff respondent within the jurisdiction of Gurdaspur Court nor the defendant petitioner resides within the territorial jurisdiction and, thus, the Court would have no jurisdiction to entertain and try the said suit. The application moved by the petitioner was rejected.