JUDGMENT

Sanjeev Sachdeva, J. Appellant impugns order dated 28.03.2017 whereby the application under Order VII Rule 11 Code of Civil Procedure (CPC for short) filed by the respondent has been allowed holding that the Court does not have the territorial jurisdiction to entertain the suit.

2. Subject Suit for permanent injunction, for restraining the respondents from infringing the trademark of the appellant/plaintiff, passing off, delivery of, rendition of accounts, etc., was filed by the appellant alleging that the respondents had adopted the trademark "GOA" and "GO4" of the appellant and that the respondent had also applied for excise approvals of the labels of alcoholic products.

3. It is contended that the excise application was objected to by the Appellants, however on 28.04.2015 the office of the Commissioner State Excise, Maharashtra, Mumbai approved the labels of respondent of no. 1. Thereafter the subject suit for injunction has been filed.

4. Respondents filed an application under Order VII Rule 11 CPC seeking dismissal of the Suit for lack of territorial jurisdiction. It is contended in the application that the Courts at Delhi do not have the territorial jurisdiction as