HOUZZ INC Vs. MAHENDRA SINGH RATHORE

JUDGEMENT

(1.) By way of instant revision petition, filed under Sec. 115 of the Code of Civil Procedure, challenge has been made to an order dtd. 3/6/2019 passed by the Court of Additional District and Sessions Judge No.15, Jaipur Metropolitan, Jaipur, dismissing the application under Order 7 Rule 11 CPC filed by petitioner.

(2.) The relevant facts as culled out from the record are that respondent No.1-plaintiff filed a civil suit for declaration and permanent injunction on 16/9/2017 and pleaded inter alia that defendant No.2-GoDaddy.Com LLC (respondent No.2 herein) permitted the plaintiff to use domain name- inhouzfurniture.com in the year 2015 onwards subject to renewal within five years, but later on, defendant No.1 (petitioner herein), objected to use the domain name-inhouzfurniture.com by plaintiff and served a legal notice dtd. 2/12/2016. The legal noticed was replied by plaintiff. Thereafter, defendant No.1 (petitioner herein) initiated arbitration proceedings before the Arbitration and Mediation International Forum under the Uniform Domain Name dispute Resolution Policy (UDNRP), though, there was no arbitration agreement between the plaintiff and defendant No.1. However, in the arbitration proceedings, award dtd. 24/2/2017 came to be passed and in pursuance thereof, the defendant No.2 non registered the name of plaintiff to use the domain name-inhouzfurniture.com. In such circumstances, respondent No.1 instituted the civil suit.

(3.) After service of notices, petitioner/defendant No.1 submitted an application under Order 7 Rule 10 and 11 CPC raising objections that; (i) In view of passing the arbitration award dtd. 24/2/2017 under UDNRP, the Civil Court has no jurisdiction to entertain the present suit and at the most plaintiff may assail the arbitration award by way of appropriate proceedings. (ii) No cause of action has accrued within the territorial jurisdiction of Jaipur City, to entertain the present civil suit.