JUDGMENT :

IA No.14948/2018 (of the defendant under Order VII Rules 10 and 11 of the CPC)

1. The applicant/defendant, in this suit for permanent injunction restraining infringement of trade mark, copyright, passing off and for ancillary reliefs seeks, return/rejection of the plaint on the ground of this Court not having territorial jurisdiction to entertain the suit.

2. The senior counsel for the applicant/defendant was heard at length on 30th October, 2018 when this application came up first before this Court. However, on that date, on the request of the senior counsel for the applicant/defendant, the hearing was adjourned to today. Today, the counsel for the plaintiff also appears and the counsels have been further heard.

3. The plaintiff, by this suit seeks to restrain the applicant/defendant from infringing the registered trade mark “CRAZY ROMEO” of the plaintiff by marketing the same goods i.e. alcoholic beverages, under the mark “CRAZY RIDER”. The suit came up first before this Court on 8th October, 2018 when, while issuing summons of the suit and notice of the application for interim relief, the applicant / defendant, vide ex parte ad interim order, was restrained from dealing i