Valmiki J. Mehta, J.

1. This first appeal is filed under Order 43 Rule 1 (a) CPC against the judgement of the trial court dated 01.02.2013 by which the suit plaint filed by the appellant/plaintiff has been returned under Order 7 Rule 10 CPC for being presented in the Court of correct territorial jurisdiction. I note that the suit plaint has been returned not at the stage of final arguments, but at the initial stage of pleadings and where no evidence is led on behalf of the parties.

2. The subject suit filed by the appellant/plaintiff was a suit claiming rights in the trademark ‘HARI’ and ‘HARISONS’ used for seeking confectionary, spices etc. Relevant claims were of injunction against passing off, infringement, etc. The relevant para in the plaint with respect to courts in Delhi having territorial jurisdiction was para 23 which reads as under:

“This Hon’ble Court has the territorial jurisdiction to try and adjudicate upon the prese1nt suit. The defendants are committing the impugned acts within the jurisdiction of this Hon’ble Court by conducting, soliciting, selling and marketing their impugned goods and business under the impugned trade mark/label/trade name in Big Bazar