R.BALASUBRAMANIAN
Officine Lovato S. P. A. Stradd Comunale Castle, Chennai – Appellant
Versus
Ajay Kumar Aggarwal, Trading as S. A. Engineers, Old Ghas Mandi, Ambala City, Haryana – Respondent
1. In the former application, this court granted leave on 23.06.2004 under Clause 12 of the Letters Patent to the plaintiff to file the suit before this court. In the latter application, the defendants are before this court to have the relief already granted revoked. Heard the learned counsel on either side.
2. The plaintiff is before this on its original side complaining infringement of the plaintiffs registered trade mark and for consequential reliefs. To bring the suit before this court, the plaintiff relies upon the following causes of action:
“The plaintiff has its liaison office in India at Chennai and as they are carrying on business at Chennai within the jurisdiction of this court, under section 134(2) of the Trade Marks Act, 1999 and under section 62(2) of the Copy Right Act, 1957, a suit can be instituted where the plaintiff actually or voluntarily resides or carries on business; the plaintiff is located at and carries on business at Chennai within the jurisdiction of this court and therefore entitled to file the suit before this court; the plaintiffs trade mark is registered at the Trade Marks Registry at Chennai with Chennai as the appropriate office of jurisdi
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