Soumen Sen, J.

The plaintiff has filed this application for obtaining leave under Clause 14 of the Letters Patent.

The plaintiff has instituted the suit on 20th January, 2009.

In the suit, the plaintiff has prayed decree of permanent injunction for restraining the defendants from infringing or using the trademark PILOT and/or PILOT NUMBR ONE. The plaintiff has also prayed for permanent injunction restraining the defendant from selling and/or passing off or causing to pass off the products o the defendant bearing the impugned mark PILOT as and for those of the plaintiff.

At the time of institution of the suit, the plaintiff did not pray leave under Clause 12 of the Letters Patent.

The plaintiff contends that this Hon’ble Court has jurisdiction to entertain the instant suit in respect of the plaintiff’s infringement of trademark PILOT by virtue of Section 134(2) of the Trade Marks Act, 1999 as the plaintiff’s registered office is situated within the jurisdiction of this Hon’ble Court. The plaintiff contends that the defendant in his written statement filed sometimes in April, 2010 purported to question the territorial jurisdiction of this Hon’ble Court to entertain the instant s