JUDGMENT

TEJAS KARIA, J I.A. 17275/2025

1. This is an Application filed by the Defendant under Order VII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking return of Plaint for lack of territorial jurisdiction of this Court to entertain and decide the present Suit.

2. The present Suit has been filed by the Plaintiff seeking permanent injunction of infringement of Trade Marks, passing off, unfair competition, damages / rendition of accounts of profits and delivery up from restraining the Defendant from using the Marks, ‘PEPFIX’ and ‘NEOVITAL’ (“Impugned Marks”), which are deceptively similar to the Plaintiff’s registered Trade Marks, ‘PEPFIZ’ and ‘REVITAL’ (“Plaintiff’s Trade Marks”).

3. Vide order dated 21.11.2024, this Court granted ex-parte ad-interim injunction in favour of the Plaintiff and against the Defendant stating that the Defendant, its directors, assignees, affiliates, associates, predecessors, successors in business, their distributors, dealers, stockists, wholesalers, retailers / chemists, custodians, franchisees, licensees, importers, exporters, servants, agents, e-commerce and warehouse aggregators and all persons claiming through and /