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2007 Supreme(Del) 1798

BADAR DURREZ AHMED
INDIAN PERFORMING RIGHT SOCIETY LTD. – Appellant
Versus
SANJAY DALIA – Respondent


Advocates Appeared:
BHAGVAN SWARUP SHUKLA, HIMANSHU BAGAI, MAHESH AGARWAL, RAJIV NAYAR, Rajiv Shakdhar, RISHI AGARWAL, SAGAR PATHAK

BADAR DURREZ AHMED, J.

( 1 ) AN objection with regard to the territorial jurisdiction of this Court in entertaining the present suit has been taken by the defendants. In paragraph 25 of the plaint it has been stated that this Court has territorial jurisdiction to entertain and try the present suit by virtue of Section 62 (2) of the copyright Act, 1957 as the plaintiff "carries on business" through its branch office situated at B-317, Som Dutt Chamber-1, Bhikaji Cama Place, New Delhi within the territorial limits of this High Court. The objection raised by the defendants is that the expression "carries on business" appearing in Section 62 (2)1 of the Copyright Act, 1957 has to be understood in the manner indicated in the explanation to Section 202 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'cpc' ). It has been contended on behalf of the defendants that the said explanation clearly stipulates that a corporation is deemed to carry on business at its sole or principal office in India. If it has a subordinate office and any cause of action arises at the place of the subordinate office, then the corporation shall be deemed to carry on business at the place of s






















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