ORDER :

I.A. No. 18111/2015 (Order 7, Rule 10 and 11 CPC filed by defendant)

1. The present application filed under Order 7, Rule 10 and 11 of the CPC has been filed by the defendant for rejection of the plaint as it is stated that this court has no territorial jurisdiction to entertain and try the present suit.

2. The submission advanced by the defendant is that the plaintiff company has its head office/registered office at Mumbai and the suit is filed in this court on the plea that the defendant is conducting/soliciting/selling and marketing their goods under the impugned trademark/label/packaging "within the jurisdiction of this Hon'ble Court and all parts of India."

3. The plaintiff has also invoked the provision of Section 134(2) of the Trade Marks Act, 1999 to justify the filing of the suit in this court. The trademark/label KISAN is claimed by the plaintiff No. 1 i.e. M/s. Kisan Mouldings Ltd. The plaintiff No. 2 is the exclusive dealer of plaintiff No. 1. The submission of learned counsel for the defendant/applicant is that the defendant is small time entrepreneur, which is carrying on business within the limits of Aligarh and in adjoining areas. The defendant has no sales netw