The High Court granted leave under clause 14 of the Letters Patent to combine trademark infringement and passing off causes of action to avoid multiplicity of proceedings, without precluding jurisdictional challenges.
leave under clause 14 of the Letters Patent granted; petition made absolute.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LEAVE PETITION NO.32 OF 2009
Rasiklal Manikchand Dhariwal
and Anr... Plaintiffs
Versus
Shilpa Beverages Pvt.Ltd... Defendants
Mr.B.N.Poojari i/b. Asian Patent & Law for
plaintiffs
Mr.Ramesh Mane with Sunil Naik for Defendants
CORAM :S.C.DHARMADHIKARI, J.
DATE:11th February 2009.
P.C.
.This is a petition seeking leave under
clause 14 of the Letters Patent. It is stated
that requirements stipulated by Section 134(2) of
the Trademarks Act and Clause 14 of the Letters
Patent are satisfied. It is stated in para 4 of
the petition that the petitioners desire to
combine causes of action of infringement of
petitioner’s trademark and passing of soas to
avoid multiplicity of proceedings. The
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petitioners have a branch office in Mumbai. It
is stated that the respondents are manufacturing
and/or marketing and/or offering for sell the
goods and, therefore, these causes of action be
permitted to be combined soas to avoid
multiplicity of proceedings. They have stated
that they have their registered office in Pune
and branch office in Mumbai. There is no
affidavit in reply controverting the statements
made in paras 3 to 5 of the petition.
2.In these circumstances and applying the
law laid down by this Court to the facts of the
present case, leave under clause 14 can be
granted.
3.Petition is accordingly made absolute.
However, this does not prevent the respondents
from raising appropriate pleas including that
this Court has no jurisdiction to entertain and
try the suit.
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(S.C.Dharmadhikari, J)
1 issue framed by the court
Whether leave under clause 14 of the Letters Patent can be granted to combine causes of action to avoid multiplicity of proceedings.
2 provisions across 2 enactments
Rasiklal Manikchand Dhariwal and Anr
Shilpa Beverages Pvt.Ltd
S.C.DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court