the Registrar of Companies and respondents-defendant Nos. 2 to 4 jointly and severally looking after the day to day business of defendant No.1 company, not only but including all activities relating to development, production, storage, supply, import, export, marketing and sales of various varieties of Seeds all over India. In para 6 of the plaint, it has been stated that the petitioner company in the month of June, 2016 purchased the “Utkarsha” Seeds claimed to be produced and marketed by respondent-defendant No.1 company so as to carry out the scientific analysis of those seeds and to verify and establish as to whether it is genetically and phenotypically the same variety registered with denomination '”Naval” (NVL-1)' in its name under the provisions of the Act of 2001 as the breeder. According to the plaintiff, after conducting the DUS (Distinctness, Uniformity and Stability) test, it was revealed that all morphological and distinguishing character of Utkarsha variety of the defendants are exactly the same to that of 'Naval (NVL-1)' of the plaintiff company. On this backdrop of pleadings, it is further case of the petitioner-plaintiff that the respondent-defendant No.5, who is a dealer, selling of variety of Utkarsha Seeds at Jalgaon and thus, the district Court Jalgaon is having jurisdiction to entertain and decide the suit filed under the provisions of the Act of 2001.
