Advance Magazine Publishers Inc. vs Bombay Rayon Fashions Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
NAVIN CHAWLA
Advance Magazine Publishers Inc. – Appellant
Versus
Bombay Rayon Fashions Ltd. – Respondent

Table of Content
1. transfer of suit requested. (Para 1 , 2 , 3)
2. transfer details and court's response. (Para 4 , 5 , 6)
3. respondent's objection to jurisdiction. (Para 7 , 8 , 9)
4. petitioner's argument on jurisdiction. (Para 10 , 11 , 12)
5. court's rationale for transfer. (Para 14 , 29 , 31)
6. territorial jurisdiction discussion. (Para 25 , 26 , 27)
7. judgment delivery and conclusion. (Para 30 , 32)

JUDGMENT

1. This petition has been filed seeking transfer of the suit bearing TM No.16/2017 titled Advance Magazine Publishers INC vs. Bombay Rayon Fashions Ltd., from the Court of the learned Additional District Judge-5, (South-East), Saket to the Court of Sh.Sanjay Sharma-II, who is presently posted as the Additional Sessions Judge-3, Central, Tis Hazari Courts.

2. It is the case of the petitioner that the petitioner had filed the above suit seeking permanent injunction, infringement of trademark, passing off and damages against the respondents on 22.03.2017. By an order dated 04.12.2017 passed by the Supreme Court in SLP(C) No.32865/2017, it was directed that the suit be disposed of within a year from the date of the order. Recording of the evidence in the abovementioned suit w

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DELHI HIGH COURTNAVIN CHAWLAAdvance Magazine Publishers Inc. – AppellantVersusBombay Rayon Fashions Ltd. – Respondent

DELHI HIGH COURT
NAVIN CHAWLA
Advance Magazine Publishers Inc. – Appellant
Versus
Bombay Rayon Fashions Ltd. – Respondent