1. The Defendant has filed the present Notice of Motion asserting that the Plaint is liable to be rejected as “barred by law’’ under Order VII Rule 11 (2) of the Code of Civil Procedure, 1908 (‘’Code’’).

2. It is submitted on behalf of the Defendant that the present Suit is for infringement and passing off. Leave under Clause XIV of the Letters Patent has not been granted till date. Hence, in law, there is presently no action for passing off. The action before this Court is for infringement alone. It is submitted that jurisdiction for the action for infringement has not been invoked with reference to the ‘cause of action’. In fact, it is an admitted position that no part of the cause of action (infringement or passing off) has arisen within the jurisdiction of this Court. The Plaintiffs have sought to sustain jurisdiction, in so far as the plea of infringement is concerned, solely by relying upon Section 134 of the Trademarks Act, 1999 (“the Act”). If this requirement is not met, the action must forthwith fail.

3. It is further submitted on behalf of the Defendant that admittedly it is the Plaintiff No. 2 who is the owner of the marks which are allegedly infringed by the De