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2010 Supreme(Kar) 1109

2011 (3) KCCR 2078 (DB)
KARNATAKA HIGH COURT
Manjula Chellur and B.S. Patil, JJ
Times Publishing House Ltd., New Delhi and Another – Appellants
Versus
The Registrar of Newspapers of India, New Delhi and Others – Respondents
Writ Appeal Nos. 1627-28 of 2010CGM-RES)
Decided on : 30.12.2010

Advocates appeared:
Sri Udaya Holla, Sr. Counsel for MIs. Holla and Holla for Appellants;
Sri Basavaraj K. Sood, Central Government Standing Counsel, for Respondents1 & 2; Sri T. Rajaram for Respondent 3; Sri B. Veerappa, Additional Government Advocate for Respondent-4; Sri Ajay Gupta, Senior Counsel for J.V. Abhay Gauhar Mukerjee, for Poovayya and Company for Respondents-5 and 6.

Headnote:CONSTITUTION OF INDIA - Article 226(2): [Manjula Chellur & B.S.Patil,JJ] Territorial jurisdiction of a Court to entertain the Writ Petition - Cause of action - Held, Article 226(2) of the Constitution refers to the territorial jurisdiction of a Court to entertain the writ petitions. The expressions used in Article 226(2) of the Constitution are similar to Section 20(c) of Civil Procedure Code. After the 42nd Amendment to the Constitution, the High Court could issue Writs against the authorities outside its territorial jurisdiction provided within the territorial jurisdiction of the Court the cause of action arose wholly or in part. Further, The appellants claim exclusive right for the publication of newspaper ’Financial Times’ and in order to get this title, the important and relevant material facts were the declaration and its authentication which has happened at Bangalore. Though the certificate of registration is also relevant, the said certificate is only a record to show that all the formalities to have the title of a newspaper are completed after due verification. The necessary procedure did emanate from Bangalore and only after the formalities being completed at Bangalore, the registration certificate of the paper was given at New Delhi because the office of RNI is at Delhi. By virtue of getting a registration certificate at Delhi, it can be held that part of cause of action arose even at Delhi but the fact remains that a substantial part of the cause of action has arisen at Bangalore. On facts, held, Apparently in this case, though substantial cause of action has arisen at Bangalore, part of cause of action has also arisen at Delhi. Just because the petitioners choose the Court where substantial cause of action has arisen, they cannot be accused of forum shopping A litigant can choose any Court as long as cause of action arises within the jurisdiction of that Court. One has to look to the contentions of the parties as well. Therefore, since the situs of the appellants/petitioners is within the jurisdiction of Karnataka High Court, it would be convenient for them to prosecute the litigation and when Karnataka High Court has jurisdiction to entertain the mater, it is not open to the respondent to accuse the appellants/petitioners of abusing the process.

JUDGMENT

Manjula Chellur, J: in these two writ appeals the order of the learned Single Judge dated 15.04.2010 in W.P. Nos. 20093-94/2009 is assailed.

2. The writ petitions were filed questioning the orders issued by the Registrar of Newspaper for India (for short RNI') dated 15.06.2009 and 29.11.2009. They had also sought for writ of mandamus to the respondents not to verily, approve, authenticate or register the titles 'Financial Times 'Facsimile' and / or FT Weekend Facsimile'. During the pendency of the writ petitions an application came to be moved by the respondents seeking dismissal of the writ petition for want of territorial jurisdiction. This controversy was heard and ultimately the learned single Judge has held that the petitions were liable to be rejected on the ground of lack of territorial jurisdiction. Consequently, the writ petitions were also dismissed keeping all contentions open. Aggrieved by the said order of the learned single Judge, the present writ appeals are filed.

3. The genesis of the subject matter relates to 1984. On 27.2.1984 the appellant company sought for approval of newspaper with the title 'Financial Times' by filing an application with the respondent No.4 (Sub. Divisional Magistrate, Bangalore). By letter dated 5.5.1984 RNI informed the concerned District Magistrate that newspaper title 'Financial Times' was available, on verification. A declaration in this regard required under Section 5(2) of the Press & Registration of Books Act, 1867 (for short 'PRB Act') was sought. Though it was for the publication of a daily newspaper, later on it was changed to weekly publication by another declaration, which was also authenticated by the respondent on 7.10.93. By 1990. the appellant company started publishing its newspaper in English language at Bangalore. Due to some commercial problems it was discontinued and recommenced in 1993. Therefore, the appellant company is publishing its weekly newspaper at Bangalore under the title 'Financial Times' since 1993.

4. A suit came to be filed by the 6th respondent 'Financial Times Ltd., United Kingdom' against the appellant company in 0.S.7087/1997 contending that the appellants herein were carrying on business at Bangalore and they have published and circulated the newspaper under the title FT at Bangalore, therefore, the cause of action arose at Bangalore within the jurisdiction of the City Civil Court at Bangalore, which had territorial jurisdiction to try, entertain and dispose of the suit. It is also pertinent to mention that an exparte order of temporary injunction came to be granted by the Trial Court, which was questioned by the appellants before the High Court in MF A.330/ 1994. This Court set aside the order of injunction making certain observations. This order came to be challenged by the 6th respondent before the Apex Court and on 23.9.1994 the Apex Court declined to interfere with the said judgment and permitted the appellants to continue to publish the newspaper and directed expeditious disposal of the suit. In the meanwhile, the appellant company was also granted permission for the second newspaper under the title 'Financial Times' by RNI for publishing the said newspaper in English from Delhi. Ultimately, the suit came to be dismissed on 24.9.2002 with certain observations, which will be referred to later. This came to be challenged in RFA No.193/2003 and the same is pending consideration.

5. Under Trade Marks Act a certificate issued for registration of newspaper titled 'Financial Times' was cancelled suo motu by the Assistant Registrar of Trade Marks and the same came to be challenged under PRB Act and also by way of writ petition before the High Court of Delhi. Mter issuing rule, stay was granted. Meanwhile, trademark registration time was extended and is in force till 31.12.2012.

6. In the meantime, in the month of May, 2009, respondent No.5 sought for permission to publish fascimile editions of U.R. publication. The appellants learnt about this























































































































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