1. In the Application for grant of leave, Notice was ordered and the respondent entered appearance though counsel and I have heard the augments on both sides.

2. The matter relates to infringement of the Trade Mark "Duroflex" and the applicant has prayed for leave to file the Suit before this Court. The cause of action according to the applicant is the place where the Registry of Trade Mark is situate and in the instant

case, the Trade Mark Registry is at Chennai. The Application has also stated that the applicant runs a depot/office at Chennai within the jurisdiction of this Court. The applicant however has it office at Alleppey, Kerala. The respondent is a company registered and having its Registered Office in Delhi. In the Plaint, there is no allegation that the respondent has sold his goods, bearing the offending Trade Mark within the jurisdiction of this Court.

3. The learned counsel for the applicant would submit that it has been settled in various decision that when a Trade Mark is registered, the cause of action would arise in all the places, where there are Branch Offices of the Trade Mark Registry.

4. The learned counsel relied on S.B.S. Jayam & Co. v. Gopl