ORDER

1. These two applications are by the defendants. IA No. 15833 of 2008 filed by the defendant under Order XIV Rule 2(2) CPC seeks a direction that the preliminary issue concerning the territorial jurisdiction of this Court should be decided first. The ground urged in the application in IA No. 2296 of 2009 under Order VII Rule 10 CPC is also similar. The prayer here is that the plaint should be directed to be returned for presentation in the proper court.

2. The facts leading to the filing of these applications are that the aforementioned suit was filed by the plaintiff alleging infringement of the plaintiff’s copyrights in industrial drawings including but not restricted to eight different brands of Auto Banding Machines. According to the plaintiff the defendant joined it in the year 1992 as an employee and was made part of the research and development team. During his employment the defendant acquired complete knowledge regarding development, designing, functioning and selling of the machines. It is claimed that the defendant also had information of the trade secrets of the plaintiff.

3. According to the plaintiff, the defendant abruptly quit empl

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