MADRAS HIGH COURT
Niraimathy Ilangovan – Appellant
Versus
Anjappar Authentic Chettinad Restaurant – Respondent
ORDER
The issue that arises for consideration in this matter is whether this Court is having the territorial jurisdiction to adjudicate this suit and if so, whether the plaintiff is entitled for an order of interim injunction as prayed for in this application.
2. The plaintiff claims to be a franchisee under the first defendant, running a restaurant in London in the name of "Anjappar", which is a registered trademark owned by the first defendant. According to the plaintiff, as per the Memorandum of Understanding (MOU) dated 19.10.2022 entered into between the plaintiff and the first defendant, Madras High Court is vested with the exclusive jurisdiction to decide any dispute arising out of the MoU. The issue raised by the plaintiff is that the defendants have committed breach of contract by attempting to set up a restaurant in London within the radius of 150 Kms from the plaintiff's restaurant in London, i.e., at 69 High Street, Ilford IG6 2AF, London or at 262 Northholt Road, South Harrow, Harrow HA2 8HF, London, in the same name "Anjappar". Under the aforementioned circumstances, the suit has been filed.
3. The plaintiff relies upon a clause in the MOU, which prohibits such an attemp
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