The has ruled that the must decide a pending objection to its before considering a request by to amend its plaint in the “Sarkari Result” trademark suit. Justice Rohit Ranjan Agarwal dismissed the company’s petition under , which had challenged the commercial court’s direction to take up the jurisdiction application first.
Article 227 is the High Court’s over subordinate courts. A petitioner invoking it must show a or , rather than merely reargue the merits. Here, the company’s grievance was about the order in which the commercial court proposed to hear two pending applications.
The judge observed, “An amendment seeking to rectify the conferring jurisdiction upon the court cannot be said to be curing the defects.”
Trademark suit and the stalled injunction
I Think Apps owns the “Sarkari Result” trademark and had moved the commercial court under the . It sought a restraining the respondents from using the mark and the website sarkariexam.com. It also sought a to stop the use of the domain sarkariresult.com and to close certain social media platforms.
The granted a on . A Division Bench of the dismissed an appeal against that order on . The then stayed both orders on .
With the stayed, the case returned to the commercial court. On , the respondents — Anugya Gupta and another — filed an application under seeking for .
I Think Apps applied on to amend the plaint, seeking to specify the suit’s value as ₹5 lakh. The application came about four and a half months after the respondents raised the . The commercial court, however, directed on August 13 that the jurisdiction application be decided first. The company then moved the High Court.
The fight over order of proceedings
Before the High Court, I Think Apps argued that its proposed amendment was merely formal. It said the amendment would only add the of the suit, a detail that the requires a to disclose. Deciding the amendment first, it argued, would avoid the delay and expense of filing a fresh suit if the plaint were returned or rejected. The company also relied on decisions of the that generally favour allowing amendments.
The respondents countered that the plaint did not disclose the required under . That provision sets a minimum value of ₹3 lakh for a to fall within the Act. The proposed amendment, they said, was an attempt to manufacture jurisdiction after the fact. They also questioned the commercial court’s and argued that the plaint disclosed no .
Justice Agarwal noted that the had not been disclosed when the suit was filed, and that the came only after the respondents raised the . Although courts are liberal in allowing amendments at an early stage, the judge held that the jurisdiction challenge had to be addressed first.
Why the challenge must go first
The High Court distinguished objections to territorial or from objections to . Relying on the Supreme Court’s decision in , the court explained that a court lacking cannot adjudicate a dispute at all, and any order passed without such jurisdiction is a .
The judge rejected the argument that the amendment would merely correct a defect without changing the nature of the case. In his view, the proposed amendment would alter the character of the original plaint, because the is an essential fact that confers jurisdiction on a commercial court.
“Where has been raised, the same needs to be addressed first prior to taking up of as the court which does not have jurisdiction of subject-matter cannot pass any order for amending the plaint as it would be a ,” the court ruled.
The High Court also rejected the company’s submission that deciding the first would cause no prejudice. Procedural convenience, it held, could not override the need to establish jurisdiction. The petition was dismissed without costs.
What happens next
The High Court did not express any opinion on whether the commercial court actually has jurisdiction over the suit. Its ruling was limited to the sequence of hearings. The matter now returns to the , which will take up the respondents’ application for . If the court decides that it lacks , the plaint may be returned or rejected at the threshold. If it upholds its jurisdiction, I Think Apps’ application to amend the plaint can be considered on its own merits.