A plaintiff must establish a valid cause of action within territorial jurisdiction; mere presence of a franchise and unsupported claims do not suffice for jurisdiction or exclusive rights.

ORDER :

N.SENTHILKUMAR, J.

The plaintiff has filed the present suit as against the defendants for the following reliefs:

(a) That this Hon'ble Court be pleased to grant permanent injunction restraining the defendants, their men, agents, nominees or assigns or persons acting for and on their behalf and through and under them from engaging with, appointing or authorising with any third party in any manner whatsoever (whether by way of an express, implied, oral or written agreement or otherwise) for the import, promotion, resale and/or distribution of the defendants' product portfolio in India using any of the land, airway or seaway ports at Chennai;

(b) That this Hon'ble Court be pleased to grant permanent injunction restraining the defendants, their men, agents, nominees or assigns, or persons acting for and on their behalf and through and under them from entering into any kind of arrangement with any third party, including and not restricted to any express, implied, oral or written agreement or otherwise, for the import, promotion, resale and/or distribution of the defendants' product portfolio, that is currently in operation/to be executed in India;

(c) That this Hon'ble Court be pleased to pass any other order as this Hon'ble Court may deem fit and proper in light of the facts and circumstances of the present case and in the interest of justice and equity."

Along with the Plaint, an application was filed seeking the leave of this court to sue the defendants, who reside outside the territorial jurisdiction of this court.

2. The applicant/plaintiff claimed that they are carrying out business under the name and style of M/s.Alphatec Audio Video Private Limited, having its corporate office at A Wing - 709, Kanakia Wall Street, Andheri Kurla Road, Chakala, Mumbai 400 093 and having its local franchise at C/o.Studio Care, 'Singaram Saraswathi Illam', 14th Street, M.G.Chakrapani Nagar, Alapakkam, Chennai - 600 116.

3. The first defendant is Empower Tribe Commercial FZE, a company incorporated under the laws of UAE, having its registered office at FC0401WS90, Jebel Ali Free Zone, Dubai, United Arab Emirates and the second defendant is Music Tribe Commercial MY Sdn. Bhd., a company incorporated under the laws of Malaysia, having its registered office at 1-17-02, Suntech @ Penang, Cybercity, LinTang, Mayang Pasir 3, Bayan Baru, Pulau Pinang, Malaysia.

4. According to the plaintiff, the defendants are engaged in the business of sale and distribution of the audio video equipments across the globe under certain brands of the defendants such as - Behringer, Aston, Klarkteknik, Labgruppen, Lake, Midas, Tannoy, TC Electronic and TC Helcon, including the sale and distribution of such equipments under the said brand names in India. Prior to plaintiff's involvement in the sale and distribution of defendants' products in India, the second defendant had engaged another distributor for the sale of its products in Indian territory. However, since the year 2015, the plaintiff is in business relationship with the second defendant and that for over a decade, the plaintiff has served as the single window point of contact for the promotion, sale, and after sales service of the defendants' product portfolio in the Indian territory. The defendants' product portfolio which is promoted, sold and distributed by the plaintiff in the territory of India includes all the audio video equipments falling