M. Jaichandren, J.

1. This original side appeal has been filed against the order of the learned single Judge of this Court, dated 13.12.2011, made in Application No.4998 of 2011, in C.S.D No.30620 of 2011.

2. The appellant in the present appeal was the plaintiff in the suit, in C.S.D No.30620 of 2011. The appellant had filed the suit, in C.S.D No.30620 of 2011, praying for a judgment and decree against the defendants therein, who are the respondents in the present original side appeal, for the grant of a permanent injunction restraining the defendants, their servants, agents and others claiming through them from, in any manner, infringing the plaintiff's Patent under No.247946, and for a direction, directing the defendants to render true accounts of the quantity of their products sold, including the quantity distributed, as free issue, bonus issue and samples, by infringing the plaintiff's Patent under No.247946.

3. The plaintiff had also prayed that the defendants ought to be directed to pay to the plaintiff the damages caused to it and for the costs of the suit and for other reliefs, as may be deemed fit and proper in the circumstances of the case.

4. The appellant had also filed an application, in A.No.4998 of 2011, praying for the grant of leave to enable the applicant/plaintiff to sue the respondents in the said application before this Court.

5. On hearing the counsels appearing on behalf of the applicant, as well as the respondents, the learned single Judge had passed the order, dated 13.12.2011, in A.No.4998 of 2011, dismissing the said application stating that no cause of action had accrued within the territorial jurisdiction of this court for the granting of the leave to sue, as prayed for by the applicant.

6. The application had been filed stating that the applicant/plaintiff company is manufacturing and marketing top quality and innovative health care products in the sectors of pharmaceuticals, dietary supplements and natural fruit juice based beverages. The applicant had obtained a Patent vide No.247946, for an invention, in respect of fruit juice based electrolyte energy drink. The grant of patent had been advertised in the Patent Journal No.23/2011, dated 10.6.2011. The applicant is exploiting its patent by manufacturing and marketing the fruit juice based electrolyte energy drink, under the brand name RS-L, ORS-L and others.

7. It had been further stated that the defendants in the suit, who were the respondents in the application had been manufacturing, marketing and selling a product by name `Juicilyte', which contains the compositions similar to that of the oral rehydration composition invented by the applicant, without obtaining the necessary licence and the consent from the applicant. The process under which `Juicilyte' is manufactured by the respondents is also similar to that of the applicant. Thus, the respondents had committed infringement of the applicant's product and process Patent.

8. It had also been stated that the infringing product namely, `Juicilyte', is available for sale within the jurisdiction of this court. The 4th respondent is selling the infringing product within the jurisdiction of this court. The respondents 1 to 3 are outside the territorial jurisdiction of this Court and therefore, the applicant had filed the application seeking leave to sue, to prosecute the infringement proceedings against all the respondents/defendants, before this Court.

9. It had also been stated that, by their act of infringement, the respondents in the application are not only causing loss to the applicant, but also cheating the unwary customers. Since, the acts of infringement being committed by the respondents had to be stopped, the applicant had initiated the infringement proceedings. However, the applicant was in need of an order granting leave to sue, as respondents 1 to 3 were outside the jurisdiction of this Court. It had been further stated that unless the leave to sue was granted by this Court i