1. The Petitioners (Original Plaintiffs) have filed the above petition for grant of Leave under Clause XIV of the Letters Patent. The Respondents are opposing the said grant on the ground that this is a fit case for refusal of leave in exercise of the discretion conferred on the Court by Clause XIV of the Letters Patent. For the sake of convenience the Petitioners shall hereinafter be referred to as “Plaintiffs” and the Respondents as “Defendants”.

2. The Plaintiffs are the registered Proprietor of two trade marks “Cafe Madras” bearing Nos. 1390976 and 1390977. The Registration Certificates are at page 30 and 31 of the Plaint. The legal proceedings certificates are at pages 93-96 of the Plaint. The above suit seeks two fold reliefs i.e. against: (i) infringement and (ii) passing off. This Court has jurisdiction to entertain the suit for infringement by virtue of the provisions of Section 134 of the Trade Marks Act, 1999 (“the Act”). The infringement action before this Court will therefore be maintainable and continue, regardless of whether leave is granted or not. The cause of action for passing off has admittedly arisen outside the jurisdiction of this Court i.e. Nashik