NEELKANTH HEALTHCARE PVT. LTD. Vs. M/S. NEELKANTH MINECHEM, PARTNERSHIP FIRM THROUGH PARTNER SHRI DHAWAL KUMAR SALECHA

JUDGEMENT

(1.) By way of this writ petition, the petitioners have questioned legality of order dated 23.9.17 passed by the Additional District Judge No. 4, Jodhpur Metropolitan City in Civil Suit No. 139/17, whereby an application preferred by the petitioners raising objection against the jurisdiction of the court to entertain the suit, stands rejected.

(2.) The respondent-plaintiff has filed a suit under Section 134 and 135 of Trade Marks Act, 1999 (for short "the Act of 1999") seeking injunction against the violation of the trade mark and passing off. The prayer is also made for rendition of account of profit and delivery of incriminating materials including packing material, carry bags, block, sticker etc.

(3.) During the pendency of the petition, the petitioners preferred an application raising objection against the jurisdiction of the court on the ground that the dispute as raised falls within the definition of 'commercial dispute' in terms of section 2 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short "the Act of 2015") and therefore, being exclusively triable by the Commercial Court, cannot be entertained by the Civil Court.