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2017 Supreme(Del) 1844

MANMOHAN
Piccadily Agro Industries Ltd. – Appellant
Versus
Ashok Jain – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Siddharath Bambha with Mr. Shyam Nandan, Mr. Dhruv Dwivedi, Mr. Shaikh Bakhtiyar and Ms. Snegdha Singh, Advocates
For the Defendant :Mr. Amit Jain, Advocate

JUDGMENT :

MANMOHAN, J.

1. While I.A.No.5710/2016 has been filed in CS(COMM) No.76/2015 by defendant nos. 4 & 5 under Order VII Rule 10, CPC, learned counsel for the defendants in CS(OS) No.2326/2015 submitted that the plaint was liable to be returned in accordance with the judgment rendered in an identical case titled as Piccadily Agro Industries Ltd. Vs. Ashok Narwal and Anr. in CS(OS) No.2550/2015.

2. Learned counsel for the defendants in both the suits stated that the plaintiff had wrongly invoked the jurisdiction of this Court on the ground that defendants have their registered offices in Delhi. They further stated that the plaintiff had wrongly claimed that as decisions regarding manufacturing and marketing of the products of the defendants had been taken at the registered offices of the defendants in Delhi, hence this Court had jurisdiction to entertain or try the present suits. They also stated that as the plaintiff had no registered trademark, no suit for infringement of trademark lie.

3. Learned counsel for the defendants contended that the plaintiff had no reason to file the present suits in Delhi when the plaintiff admittedly was based in Karnal, Haryana and was carrying on





































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