Badar Durrez Ahmed, J.

1. The present appeal raises the question of territorial jurisdiction of this court in entertaining the suit filed by the respondents. The appeal arises out of the judgment and/or order dated 22.07.2016 delivered/passed by a learned single Judge of this court in IA No.20626/2015 which was filed by the appellant herein (defendant) under Order VII Rule 10 and Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’). The application was dismissed and the learned single Judge held that this court had territorial jurisdiction to entertain the suit which was one of infringement of trademark.

2. Before we proceed any further, it would be appropriate to identify the parties. The respondent No.1 was the first plaintiff and is a corporation/company incorporated in USA. It has no office in India and by itself does not carry on any business in India. It is the registered proprietor of the trademark ‘EXXON’ in respect of various goods and services. The respondent No.2/plaintiff No.2 is said to be a wholly owned subsidiary