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2008 Supreme(Mad) 741

A.P.SHAH, FAKKIR MOHAMED IBRAHIM KALIFULLA
Wipro Limited, Chennai – Appellant
Versus
Oushadha Chandrika Ayurvedic India (P) Limited, Rep. by its Managing Director Irinjalakuda – Respondent


Advocates Appeared:
For the Appellants:R. Muthukumarasamy, Senior Counsel, Gladys Daniel, Advocate. For the Respondents:Madan Babu, Sathish Parasaran, Advocates.

Judgment :-

A.P. Shah, C.J.

Appeals admitted.

2. By consent of the learned counsel appearing for the parties, the appeals were finally heard and are being disposed of by this judgment. The issue in these appeals is whether the High Court of Madras has the jurisdiction to entertain the suits filed by the appellants being C.S. No.874 of 2007 and C.S. No.996 of 2007 under Section 134 of the Trade Marks Act, 1999 and Section 62(2) of the Copyright Act, 1957 respectively. We will refer to the appellants as plaintiffs and the respondents as defendants, for the sake of convenience. The learned single Judge rejected the suits on the ground that no part of cause of action had arisen within the jurisdiction of this Court and that the defendants are residing outside the jurisdiction of this Court and that prior leave to sue under Clause 12 of the Letters Patent was also not obtained. Being aggrieved, the appellants preferred these appeals which fell for consideration before us.

3. C.S. No.874 of 2007 is filed by the plaintiffs for a permanent injunction restraining the defendants from infringing their registered trade mark "Chandrika" and from manufacturing, selling, advertising and offering for










































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