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2010 Supreme(J&K) 479

Sunil Hali
Escorts Construction Equipment Ltd. – Appellant
Versus
Gautam Engineering Equipment Ltd. – Respondent


Advocates Appeared:
Keshav Thakur, Sunil Sethi, Pranav Kohli, S.K. Bansal.

1. Lack of territorial jurisdiction in entertaining a suit filed at Jammu, by the appellant-plaintiff (here-in-after referred to as the appellant), is the subject matter of controversy in the present appeal and the civil suit filed by the appellant.

2. Two suits were filed by the appellant before the learned Additional District Judge, Jammu, seeking injunction against the defendant-respondents (here-in-after referred to as the defendants), for copying its industrial drawings as also violating the Patent and design granted to the appellant. In one of the suit, the learned trial court, while dealing with an application under Order 39 Rules 1 and 2 CPC, read with Section 151, vide order impugned dt. 6th of May’09, after hearing the parties both on maintainability of the suit as well as for grant of temporary injunction, held that it has no territorial jurisdiction to entertain the suit. It was further held that no cause of action either wholly or in part has arisen in favour of the appellant within the jurisdiction of the court nor the plaint discloses any cause of action against the defendant No.2, having taken place in Jammu. It is this order, which is the subject matter of challenge













































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