BADAR DURREZ AHMED, J.

1. This appeal is directed against the judgment dated 05.04.2016, whereby a learned Single Judge of this Court has allowed the application of the respondents/defendants under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to ‘as CPC’). By virtue of the impugned judgment, the learned Single Judge has held that the plaint filed by the appellant/plaintiff was liable to be returned under Order 7 Rule 10 CPC as, according to him, this Court did not have territorial jurisdiction to entertain the suit [CS (OS) No. 124/2015] which was filed by the appellant/plaintiff.

2. The suit was filed by the appellant/plaintiff under Sections 134 and 135 of the Trade Marks Act, 1999 as also the Copyright Act, 1957 seeking permanent injunction restraining infringement of its trade mark and copyright. The suit was also one for injuncting the respondents/defendants, based upon a passing off action. Rendition of account etc. was also prayed for. It was claimed by the plaintiff/appellant that its trade mark GHARI/GHADI label is registered in Class 30 and also in other classes in India under various registrations which are still valid and subsisting