Application for leave to sue filed after suit numbering; court affirmed maintainability due to consequential effect of infringement within jurisdiction.
Leave to sue granted.
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A.No.2839 of 2021 in C.S.(Comm. Div.)No.31 of 2021
A.No.2839 of 2021 in C.S.(Comm. Div.)No.31 of 2021
DR.G.JAYACHANDRAN, J.
The suit is filed under the Copy Right Act alleging infringement.
counsel for the plaintiff to avoid future complications had taken out this application under clause 12 of the Letters Patent to grant leave to sue. However, the Registry has returned the application with a query whether such application is maintainable after numbering the suit.
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A.No.2839 of 2021 in C.S.(Comm. Div.)No.31 of 2021
this application is filed before causing notice. This Court has found that unless sufficient cause to grant leave, the suit on the original side of the High Court, cannot be entertained. The plaintiff has accordingly filed the application to
grant leave to sue.
facie, this Court is convinced that the plaintiff, who is carrying on business within the jurisdiction of this Court, is aggrieved by the act of the defendants who though are carrying on business outside the jurisdiction of this Court, but their act of infringement will have consequential effect within the jurisdiction of this Court, if the impugned movies which are mentioned in Schedule B of the application is telecasted in any satellite mode, cause of action will arise
within the jurisdiction of this Court. Hence, leave granted.
16.08.2021
rpl
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A.No.2839 of 2021 in C.S.(Comm. Div.)No.31 of 2021
DR.G.JAYACHANDRAN, J.
rpl
A.No.2839 of 2021
in C.S.(Comm. Div.)No.31 of 2021
16.08.2021
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Plaintiff
Registry
DR. G. JAYACHANDRAN
As recorded by the court registry
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