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1999 Supreme(Bom) 223

F.I.REBELLO
Arte Indiana – Appellant
Versus
P. Mittulaul Lalah and Sons – Respondent


JUDGMENT - F.I. REBELLO, J.:---The plaintiffs have moved this Court for leave under Clause 14 of the Letters Patent.

2.Clause 14 reads as under :-

"14. And we do further ordain that where plaintiff has several causes of action against a defendant, such causes of action not being for land or other immovable property, and the said High Court shall have original jurisdiction in respect of one of such causes of action, it shall be lawful for the said High Court to call on the defendant to show cause why the several causes of action should not be joined together in one suit, and to make such order for trial of the same as to the said High Court shall seem fit."

From the facts on record it is an admitted position that there has been no infringement of the Trade and Merchandise Marks Act, in respect of the Trade Mark which the plaintiffs claim within the territorial jurisdiction of this Court. The contention of the plaintiffs, however, is that sub-section (2) of section 62 of the Copyright Act, 1957 permits the plaintiffs in case of infringement of Copyright Act, to sue at the place where the plaintiffs actually and voluntarily resides or carries on business or personally work for gain. The


















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