MANMOHAN SINGH, J.

1. By this order, I shall dispose of an application being I.A. No.11153/2009 under Order VII Rule 10 of the Code of Civil Procedure , 1908 (hereinafter referred to as CPC) filed by the defendant praying return of plaint to the plaintiffs on account of lack of territorial jurisdiction pertaining to present suit.

2. The brief facts are that the plaintiffs filed the suit for permanent injunction restraining infringement of copyright, damages, delivery up, rendition of account of profits etc. The suit has been filed by M/s. SAP Aktiengesellschaft, Germany, the plaintiff No.1 and M/s. SAP India Pvt. Ltd., Salarpuria Soft Zone, 2nd floor, Wing A, Sarjapur, Outer Ring Road, Bellundur Post, Bangalore-560 103, also at 2nd floor, Gesco Centre, 70, Nehru Place, New Delhi-110019. The plaintiffs have invoked the territorial jurisdiction of this court in terms of para 26 of the plaint which reads as under:- “This Hon?ble Court has jurisdiction to entertain and try the present suit by virtue of Section 62(2) of the Copyright Act of 1957 as the plaintiff No.2 carries on business within the jurisdiction of this Hon?ble Court, through its Branch Office situated at 2nd