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C. HARI SHANKAR
S. S. Hospitality – Appellant
Versus
Sagar Ratna Restaurants Pvt. Ltd. – Respondent
JUDGMENT (Oral)
1. This is a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), assailing order dated 1st March 2023, passed by the learned District Judge (Commercial Court) ("the learned Commercial Court"), whereby an application under Order VII Rule 11 of the CPC, filed by the petitioner as the defendant before the learned Commercial Court, has been dismissed. Inasmuch as the application, which stands dismissed by the impugned order, contested the maintainability of the suit instituted by the respondent-plaintiff on the ground of territorial jurisdiction, Mr. Bansal, learned Counsel for the petitioner-defendant frankly acknowledges that the application ought to have been filed under Order VII Rule 10, rather than Order VII Rule 11.
2. Nonetheless, as the issue in question is purely one of law, the Court is not inclined to take any serious view of the misstating of the provision under which the application was formally filed.
3. The issue before this Court is whether CS (Comm) 107/2023 (Sagar Ratna Restaurants Pvt. Ltd. v. S.S. Hospitality), as instituted by the respondent against the petitioner, was maintainable before the learned Commercial Court
The main legal point established in the judgment is the interpretation of the concept of 'carries on business' in the context of a plaintiff under Section 134(2) of the Trade Marks Act, 1999 and Sect....
The interpretation of the expression 'carries on business' in the context of the plaintiff under the Trade Marks Act, 1999 and the Copyright Act, 1957, and the restrictions on the plaintiff's right t....
The central legal point established is that for territorial jurisdiction under Section 134(2) of the Trade Marks Act, the plaintiff's principal place of business and the cause of action are determina....
The court emphasized the importance of urgency in seeking interim relief, the authority of the plaintiff's representative to institute the suit, and the jurisdiction based on the provisions of the Tr....
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