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2016 Supreme(Del) 292

BADAR DURREZ AHMED, SANJEEV SACHDEVA
ULTRA HOME CONSTRUCTION PVT. LTD – Appellant
Versus
PURUSHOTTAM KUMAR CHAUBEY – Respondent


Advocates Appeared:
For the Appellant : Mr. Rakesh Kumar with Mr Bipin Kumar
For the Respondent Nos. 1&2: Mr. Vinay P. Tripathi
For the Respondent Nos. 3&4: Mr. Manjit Singh Ahluwalia

JUDGMENT :

BADAR DURREZ AHMED, J.

1. This appeal has been filed against the judgement dated 20.07.2015 delivered by a learned single judge of this court in CS (OS) 2065/2015. By virtue of the impugned judgement the learned single judge has dismissed a suit filed by the appellant/plaintiff on the ground that this court does not have the territorial jurisdiction to entertain the same. The said dismissal of the suit was in limine, without requiring the presence of the defendants / respondents.

2. The suit was filed by the appellant/plaintiff seeking an injunction against the defendants, alleging infringement of its trademark "AMRAPALI". The appellant / plaintiff, as alleged in the plaint, carries on the business of building, developing, colonising and promoting residential, commercial and industrial buildings, cinema houses, amusement parks, hotels and deals in all kinds of immovable properties. It is further alleged that the appellant / plaintiff (Ultra Home Construction Private Limited) is the flagship company of the AMRAPALI GROUP and has a number of other affiliate/associate companie









































































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