JUDGMENT :

Whether a suit falling under Section 134 of the Trade Marks Act, 1999, (for short Act of 1999) can be instituted in a Court, where neither the plaintiff nor the defendant resides or carries on business or personally works for gain within the territorial jurisdiction of the Court where the cause of action has arisen is the question that has come up for consideration.

2. The plaintiffs filed a suit for injunction alleging infringement of trade mark and also restraint orders to restrain the defendants from passing off.

3. Admittedly, the plaintiffs are residing in Uttar Pradesh. Defendants No.1, 2, and 5 are residing in Uttar Pradesh and the rest of the defendants are in Haryana. None of them is having any branch office within the territorial jurisdiction of the City Civil Court, Bengaluru where the suit is instituted.

4. In this background, the defendants invoked Order VII Rule 11 of the Code of Civil Procedure (for short 'Code') to reject the plaint on the premise that the City Civil Court in Bengaluru has no territorial jurisdiction to entertain the suit. The plaintiffs opposed the said application. The Trial Court allowed the application to reject the plaint on the premise