Leave to institute an action for infringement and passing off matters with jurisdiction to try the suit granted against respondents whose primary business place is outside this Court's jurisdiction.
Leave granted. The Petition is made absolute.
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905-LPETN39-18.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION NO. 39 OF 2018
S Narendra Kumar & Co…Petitioner
Versus
Aachi Masala Foods (P) Ltd & Anr…Respondents
Ms M Mohanty, i/b M/s SK Srivastav & Company, for the Petitioner
CORAM: G.S. PATEL, J DATED: 15th February 2018
PC:-
1.The Petition is for leave under Clause XII of the Letters
Patent. This is an action in infringement and passing off. A material
part of the cause of action has arisen in Mumbai and in any case the
provisions of Section 62(2) of the Copyright Act 1957 and Section
134 of the Trade Marks Act 1999 will apply. The Defendants are
outside the jurisdiction of this Court. I am satisfied that with leave
granted under Clause XII of the Letters Patent, this Court will have
the necessary jurisdiction to try and entertain the suit.
2. Leave granted. The Petition is made absolute.
(G. S. PATEL, J)
Page 1 of 1
15th February 2018
3 provisions across 3 enactments
S Narendra Kumar & Co
Aachi Masala Foods (P) Ltd & Anr
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court