V Guard Industries Ltd. vs Sukan Raj Jain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANOJ KUMAR OHRI
V Guard Industries Ltd. – Appellant
Versus
Sukan Raj Jain – Respondent

Table of Content
1. existence of plaintiff's trademark rights (Para 2 , 3 , 4)
2. defendant contesting court's jurisdiction (Para 5 , 6 , 7)
3. preliminary jurisdictional objections (Para 11 , 12 , 13)
4. establishing cause of action based on product availability (Para 30)
5. jurisdiction confirmed despite defendant's location (Para 32 , 34)
6. sufficient grounds for proceeding with the suit (Para 40 , 41)

JUDGMENT

Manoj Kumar Ohri, J.

I.A. 3044/2021 (Under Order VII Rule 10 CPC by Defendant No. 1)

1. By way of present application filed under Order VII Rule 10 CPC read with Section 151 CPC, Defendant No. 1 has objected to the competence of this Court to entertain the present suit for want of territorial jurisdiction and has consequently prayed for return of the Plaint.

2. The present suit has been filed by the Plaintiff inter-alia, seeking relief of permanent injunction to restrain the Defendants from infringement and passing off of its trade mark and design. Additionally, Plaintiff has prayed for rendition of accounts from the Defendants.

3. The Plaintiff claims to be in the business of manufacturing, distribution and marketing/selling of electrical goods which it sells under the r

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DELHI HIGH COURTMANOJ KUMAR OHRIV Guard Industries Ltd. – AppellantVersusSukan Raj Jain – Respondent

DELHI HIGH COURT
MANOJ KUMAR OHRI
V Guard Industries Ltd. – Appellant
Versus
Sukan Raj Jain – Respondent