Single judge order granting leave to institute a suit under Clause 12 of the Letters Patent. The court accepted jurisdiction based on defendants' branch offices and advertisements within Chennai.
Leave to institute the suit granted; plaint directed to be numbered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.829 of 2021
A.No.829 of 2021
C.V.KARTHIKEYAN J,
This application has been filed seeking leave to institute the suit, taking advantage of Clause 12 of the Letters Patent. Mr.P.S.Raman, learned Senior Counsel stated that though the registered Office of the defendants was at Himachala Pradesh, they have also have two Branch Offices at Anna Nagar within the jurisdiction of this Court where the business is being carried on by the defendants. Quite apart from that, it is also pointed out that the defendants have effected advertisement and a specific averment is made that one of the employees of the plaintiff, Mr.Rajkumar, who is residing within the jurisdiction of this Court had seen an advertisement prominently affixed in Chennai.
particularly with respect to the relief sought for infringement has arisen
within the jurisdiction of this Court.
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A.No.829 of 2021
C.V.KARTHIKEYAN.J,
rna
allowed.
4. Registry is directed to number the plaint, if it is otherwise in
order.
03.03.2021
rna
A.No.829 of 2021
2/2
2 issues framed by the court
Whether to grant leave to institute a suit under Clause 12 of the Letters Patent given the jurisdiction facts regarding branch offices and advertisements.
Whether the substantial cause of action regarding infringement arose within the jurisdiction of this Court.
C.V. Karthikeyan J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
