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2026 Supreme(Online)(HP) 3111

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE THE CHIEF JUSTICE GURMEET SINGH SANDHAWALIAHON'BLE MR. JUSTICE BIPIN CHANDER NEGI
SAFEX CHEMICALS PVT LTD – Appellant
Versus
SML LIMITED – Respondent


Petitioner Advocates:Vipul Sharda ,Respondent Advocate: NEMO Atul Jhingan Rajesh Kashyap

Bipin Chander Negi, Judge

Present appeal has been preferred against the impugned order dated 06.06.2025, passed in OMP No.320/23 in COMS No.6/2026, whereby an ex-parte ad-interim injunction granted by the learned Single Judge on 24.07.2023, has been confirmed. The present appeal has been preferred by defendant No.2 in the civil suit pending adjudication before the learned Single Judge.

2. The appeal as agreed by the parties is only being heard on a preliminary issue of territorial jurisdiction as is evident from order dated 12.05.2026 and order dated 29.12.2025. It is the contention of the appellant (defendant No.2) that in view of the law laid down by the Apex Court in Asma Lateef and Anr Vs. Shabbir and Ors. (2024) 4 SCC 696, even for grant of an interim injunction the question of jurisdiction assumes significant importance.

3. The respondent No.1(plaintiff) has instituted a suit claiming therein that the appellant (defendant No.2) and respondent No.2 (defendant No.1) have infringed a patent owned by the respondent No.1/plaintiff. A perusal of the plaint specifically the cause title reflects that respondent No.2 is located within the territorial jurisdiction of this Court. Furthe

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