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(2021) Law Today Live Doc. Id. 16413 = 2021(2) L.A.R. 599
Decided on: 02.08.2021
For Petitioner(s):
Mr. Shishir Kumar Saxena, Adv. Mr. Sunil Kumar Jain, Adv. Mr. R. N. Pareek, Adv. Mr. Brijendra Singh, Adv. Ms. Payal Swarup, Adv. Mr. Raghvendra Shukla, Adv. Mr. Praveen Swarup, AOR
Code of Civil Procedure, 1908 (V of 1908), Section 25 – Transfer petition – Ground of territorial jurisdiction – Scope of -- Suit for infringement of trade mark as also copyright infringement – Court find no scope of going into the question of as to whether the Court in which the suit is instituted has territorial jurisdiction to try and determine the suit or not in a petition for transfer of a suit invoking Section 25 of the CPC -- This point is required to be urged before the Court in which the suit is pending -- Plea of transfer of the said suit declined.
(Para 1, 2)
ORDER
1. The petitioner is a defendant in a suit instituted in the Court of District Judge, Shahdara, Karkardooma Court, New Delhi alleging infringement of trade mark as also copyright infringement. Learned counsel for the petitioner in course of hearing has argued that both the parties hail from the State of Madhya Pradesh and no cause of action has arisen within the jurisdiction of the District Court of Shahdara. This is the only point urged before me at the time of hearing.
2. In these circumstances, I do not think there is much scope of going into the question of as to whether the Court in which the suit is instituted has territorial jurisdiction to try and determine the suit or not in a petition for transfer of a suit invoking Section 25 of the Code of Civil Procedure. This point is required to be urged before the Court in which the suit is pending. I accordingly decline the plea of the petitioner for transfer of the said suit.
3. But if the defendant is aggrieved on the point of lack of jurisdiction of the Court in which the suit has been instituted, it shall be open to the petitioner (the defendant in the said suit) to raise grievance on this count before the said Court.
4. With the above observations, the transfer petition is disposed of.
5. Pending application(s), if any, shall also stand disposed of.
Petition dismissed.
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