Order Date:17.08.2022
Case No. FAO (Comm) 116 of 2022
Delhi High Court
Vibhu Bakhru and Amit Mahajan, H.J.
Devarpan Foods Pvt. Ltd. Vs Sukhwant Singh and others
The issue of territorial jurisdiction was there in the subject matter Appeal. The Appellant filed subject matter Suit seeking infringement of copyright and passing off.
The Ld. Trial Court allowed the Application of Respondent under Order 7 Rule 10 CPC in part.
The Ld. Trial Court held that the same has jurisdiction to entertain the subject matter suit, in so far infringement of copyright.
However , with respect to passing off, the Ld. Trial Court held that the Plaintiff has failed to substantiate the claim of accrual of cause of action in part within the jurisdiction.
Accordingly, the Plaint was directed to be amended in order to giving up the relief pertaining to passing off.
This was the order, which was under challenge by the Appellant before the Hon'ble Division Bench, High Court of Delhi.
The Hon'ble Division Bench allowed the Appeal on the ground that while deciding the issue of territorial jurisdiction, only averment made in the plaint has to be seen.
As the Plaintiff has made categorical averment in the plaint regarding availability of Respondents product within the territorial jurisdiction, it was held that the Ld. Trial Court does have territorial Jurisdiction to entertain the matter even in relation to passing off action also.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi
ajayamitabh7@gmail.com, 9990389539
