JUDGMENT : - By an order dated 16 - 10 - 2002 this Court has formulated a preliminary issue of jurisdiction under section 9A of the Civil Procedure Code as amended for the State of Maharashtra. The issue framed is as under:

Does the plaintiff prove that this Court has jurisdiction to try the present suit?

2. After framing the issue of jurisdiction by an order dated 23 - 6 - 2005 this Court directed that the evidence be recorded on the issue of jurisdiction and a Commissioner was appointed to record the oral evidence of both sides. Accordingly, Mr. Vatsal Shah advocate was appointed as Commissioner. The Commissioner has concluded the evidence and has filed his report. The same is taken on record in accordance with the order passed by this Court on 23 - 6 - 2005. Before dealing with the motion on merits I shall deal with the issue of jurisdiction and accordingly I have heard the parties on the issue of jurisdiction. Some of the material facts of the present case are as under:

3. The present suit is filed by a club known as Lions Club International against the defendant who are claiming themselves to be a National Association of Indian Lions. By the present suit the plaintiffs are seeking that the defendant should be restrained by an order and perpetual injunction from in any manner using the word LION or LEOS or any other registered trade mark or service mark or any other word or mark identical with or deceptively similar thereto with that of the name of the plaintiff. In prayer (b) of the plaint an injunction is sought from restraining the defendant from carrying out their activities as a LIONS Club or any other associated club. In prayer (c) an injunction is sought on the basis of registered trade mark. In prayer (d) injunction is sought against using any domain name with the use of the words LIONS therein. By prayer (e) copyright infringement is also sought in respect original artistic work of the word LION with the emblem as set out in Exhibit - M to the plaint. Thus the suit is filed both for an infringement of trade mark as well as for passing off as well as for the purpose of passing off a copy right and infringing the rights of the plaintiff in the said art work associated with the words LIONS and LEOS

4. An application is also filed under clause 14 of the Letters Patent of this Court for joinder of two distinct cause of action of passing off as well as of breach of copyrights. Leave under Clause 14 has not been yet granted by this Court because of raising of issue of jurisdiction by the defendant and framing of the same as a preliminary issue under section 9A of the Civil Procedure Code as ended for the State of Maharashtra.

5. Learned counsel for the defendant who has raised the issue of jurisdiction has inter - alia contended that this Court has no jurisdiction firstly cause the defendants are neither residents nor carrying on any business within the territorial jurisdiction of this Court and that the association of the defendants i.e. National Society of Indian Lions is registered under the Rajasthan Societies Act, 1958 and its registered office at 1,502, Ramble Road, Ajmer 305 001, Rajasthan, India. It has been contended that the area of operation of the defendant No. 5 is restricted only in the city of Rajasthan and not outside the said State. It has been further contended that the Memorandum of Association and Articles of Association of the defendant No.5 inter - alia stipulates that the area of operation f the defendant No.5 is only in the State of Rajasthan and not outside thereto. It has also been contended that the other defendants to the suit some of whom are the members of the defendant No.5 association also have their residence in Ajmer i.e. within the State of Rajasthan and they are neither residing nor carrying on any business within the territorial jurisdiction of this Court. It has been thus contended that this Court has no jurisdiction to entertain and try the present suit. It has

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