JUDGMENT

(Prayer: Application filed under Order XIV Rule 8 of Original Side Rules r/wOrder XIV Rule 2A of CPC, 1908, praying to decide the issue of jurisdiction as the preliminary issue in C.S.No.254 of 2022.)

1. This application is filed by the first defendant in the suit seeking to decide the issue of territorial jurisdiction of this Court to entertain the present suit.

2. The first respondent herein filed the present suit seeking permanent injunction restraining the applicant herein from infringing/passing off the Registered Trademarks of the first respondent namely “RAINBOW'', RAINBOW HOSPITAL, RAINBOW CLINICS and RAINBOW HOSPITAL FOR WOMEN AND CHILDREN.

3. The first respondent/plaintiff is having chain of Pediatric multi-specialty, obstetrics and gynecology hospitals in India in the name and style of “Rainbow Children''s Hospital”. As per the plaint averments, the first hospital of the first respondent was started as a pediatric specialty hospital with total capacity of 50 beds in Hyderabad. As of today, the respondent operates 15 hospitals and 3 clinics in 6 cities across India, with a total bed capacity of 1,550 plus beds and more than 650 Doctors. The first respondent also inau