Vinod K. Sharma, J. (Oral) - By invoking the provisions of Article 227 of the Constitution of India read with Section 115 CPC the petitioners have challenged the order dated 26.7.2006 Annexure P-1 vide which application moved by the petitioners under Order 7 Rule 11 read with Sections 151 CPC for rejection of the plaint, for want of territorial jurisdiction, has been ordered to be dismissed.

2. The respondent-plaintiff filed a suit for infringement of registered trade mark under the Trade Marks Act, 1999 seeking declaration to the effect that the petitioner-defendants, their agents, assignees, representatives, employees do not have any right, interest or legal right to sell or market sewing machines, sewing machine stands, tables, bases, covers, motors, ceiling fans, pedestal fans, mono-block pump sue, stabilizers & other accessories or any goods by infringing the registered trade name "Pooja" belonging to the plaintiff under the garb of the name of the defendants business concern "Puja Mechanical Works" by "passing off" their product, which are identical and deceptively and phonetically similar to the registered Trade Mark "Pooja" exclusively belong to the plaintiff-respo