IA No.1078/2018 (of the defendant under Order VII Rule 10 CPC).

1. The defendant, in this suit for permanent injunction restraining infringement of the trade mark and passing off and for ancillary reliefs, after the issues were framed in this suit on 23rd February, 2017 including an issue as to the territorial jurisdiction of this Court, seeks return of the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 (CPC).

2. The counsel for the plaintiffs appearing on advance notice seeks adjournment to file reply.

3. An application under Order VII Rule 10 of the CPC is to be decided on the basis of averments contained in the plaint and for this reason it is felt that there is no need for a reply and the plaintiffs who have already received advance copy of the application ought to have come prepared to address on the application. Adjournment sought is thus refused.

4. The senior counsel for the defendant/applicant has been heard.

5. The plaintiff no.1, a Company incorporated in Germany and the plaintiff no.2 Zenner Aquamet India Pvt. Ltd., a licensee of the plaintiff no.1 and having its registered office at Delhi, have sued the defendant/applicant having its registere