Case Title:Rieter AG and Others Vs. Kavassery Narayanaswamy Venkatasubramanian: Court:High Court of Delhi:Date of Order:13th May 2025:Case Number :2025:DHC:3937: CS(COMM) 729/2024:Hon'ble Mr. Justice Amit Bansal
Facts:
The plaintiffs, subsidiaries of Rieter Holding AG, filed this suit alleging infringement of their registered designs, trademarks, and patents. They claimed that their products were similar to those of the defendant, which was observed at the India International Textile Machinery Exhibition in Greater Noida in December 2022. An investigation was initiated, leading to communication with the defendant via email, and delivery of goods in Delhi. The plaintiffs contended that the defendant had engaged in commercial activities in Delhi by participating in exhibitions, placing orders, and delivering goods there.
Procedural Details:
The defendant filed an application under Order VII Rule 10 of CPC, contesting the court’s territorial jurisdiction, arguing that the suit should be dismissed for lack of jurisdiction. The court examined the pleadings, relevant documents, and judgments, including those distinguishing offline and internet-based transactions, to decide on the jurisdictional challenge.
Issue:
Whether the Delhi High Court has territorial jurisdiction to try the suit, given that the defendant’s activities, such as participating in exhibitions, placing and receiving orders in Delhi, and delivering goods there, suffice to establish a cause of action within the court’s territory?
Decision:
The Court held that a part of the cause of action had arisen in Delhi, supporting the court's jurisdiction. It noted that the defendant participated in exhibitions in Greater Noida and engaged in commercial transactions involving delivery of goods in Delhi. Consequently, the application challenging jurisdiction was dismissed, and the suit was maintained in Delhi.
