SANJIV KHANNA, J:

1. Glaxo Smithkline Consumer Health Care Limited is the sole plaintiff in CS(OS) No. 2577/2008 and plaintiffs No. 2 in CS(OS) No. 2646/2008. Horlicks Limited, United Kingdom, is plaintiff No. 1 in CS(OS) No. 2646/2008. Both suits have filed against M/s Heinz India (P) Limited alleging disparaging advertisements by the defendant, manufacturers of drink/milk mix Complan. The plaintiff(s) are manufacturing the drink/milk mix under the mark Horlicks. CS(OS) No. 2577/2008 deals with print advertisements and CS(OS) No. 2646/2008 deals with moving/video advertisements.

2. The defendant had entered appearance on 12th December, 2008 when CS (OS) No. 2577/2008 was listed for the first time and were on caveat in CS(OS) No. 2646/2008. The defendant has also filed reply along with documents to I.A. No. 15237/2008 in CS(OS) No. 2577/2008.

3. Jurisdiction of this Court to entertain the present suits as a part of cause of action arises in Delhi, is not disputed. The defendant, however, submits that this Court should not entertain the present suits on the principle of forum non-convenience and the parties have been extensively heard on the said aspect and on the aspect of