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DELHI HIGH COURT
SANJEEV NARULA
Copenhagen Hospitality and Retails – Appellant
Versus
A.R. Impex – Respondent


ORDER

[VIA VIDEO CONFERENCING]

I.A. 8371/2021 (u/O VII Rule 10 r/w Section 151 of the Code of Civil Procedure, 1908 for return of plaint)

1. By way of the instant application, Defendant No. 1 seeks return of the plaint on the ground of lack of territorial jurisdiction.

2. The Plaintiff has filed the present suit seeking permanent injunction, restraining infringement of trademark and passing off; infringement of copyright, trade dress, breach of confidentiality; misappropriation of trade secrets, etc.

3. At the outset, it is noted that Defendant No. 1 is based in Ahmedabad, Defendant No. 2 in Chandigarh, and Defendant Nos. 3 and 4 in Punjab. The Plaintiff is based in Chandigarh.

4. The relevant paragraphs in the plaint delineating how Courts in Delhi are seized of territorial jurisdiction to try the matter, read as under:

    "CAUSE OF ACTION:

    61. The cause of action accrued in favour of the Plaintiffs and against the Defendant Nos. 1 and 2 on April 15, 2021, when the Plaintiffs learnt that the Defendant No. 1 illegally adopted a similar name and look-alike logo for its self-owned and franchised outlets in Ahmedabad with the assistance and connivance of the Defendant No. 2 and

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