JUDGMENT :

JAYANT NATH, J.

I.A. No. 9741/2020

1. This suit is filed by the plaintiff seeking a decree of permanent injunction restraining the defendants from using the registered trade mark RIETER or any similar mark amounting to infringement. Similar relief of injunction is also sought regarding infringement of the plaintiff’s registered Patent No. IN 324406. Other reliefs are also sought.

2. This is an application filed by defendant No. 1 under Order 7 Rule 10 CPC praying to return the plaint to be filed in the court of appropriate territorial jurisdiction. It is pleaded in the application that the present suit has been filed by the plaintiffs for alleged infringement of trademark, patent infringement, passing off, rendition of accounts etc. Defendant No. 1, it is stated, is a private limited company having its registered office in Coimbatore, Tamil Nadu. Defendant No. 2 is a resident of Chandigarh. The plaintiffs have their registered office in Maharashtra. It is stated that the plaintiffs in an attempt to unduly harass the defendants have filed the present case before this court having no territorial jurisdiction over the present dispute. It is stated that under Section 20 CPC read