ORDER :

1. By this Leave Petition, the Petitioner seeks leave under Clause XIV of the Letters Patent Act to combine the cause of action of passing off with the cause of action of infringement of trade mark.

2. It is an admitted position that the Petitioner’s registered office is in Mumbai and the Petitioner is carrying on business in Mumbai. This Court has therefore, jurisdiction to entertain the Suit in respect of infringement of trademark under Section 134(2) of the Trademarks Act, 1999 (in short “the Act”).

3. The Respondents are carrying on business outside Mumbai and it is an admitted position that no cause of action for passing off has arisen within the jurisdiction of this Court. Accordingly, the Petitioners have filed the present Leave Petition under Clause XIV of the Letters Patent.

4. The Respondents have filed Reply to the Leave Petition raising hardship to the Respondents, if the leave is granted. The contention on behalf of the Respondents is that there being no Rejoinder, the contentions in the Affidavit in Reply to the Leave Petition are deemed to have been admitted, and therefore, leave sought for in the Leave Petition should be refused.

5. Dr. Tulzapurkar, the learned S