Justice M Sundar, in a Leave for Sue Prayer, was informed about how the registry is going by the Postal Pin codes of Madras to test the territorial jurisdiction and the Court observes that the Registry has to necessarily go by ‘Jurisdictional Limits Act' and 'Jurisdictional Limits Extension Act’.
Brief Facts:
In the current case, the captioned application previously listed on 18.11.22, has been taken out with the ‘Leave to Sue’ prayer. The main suit was a composite suit seeking relief against infringement of copyright, infringement of trademark, and passing of.
The products with the alleged infringing marks are sold in Chennai specifically by the second defendant and therefore, part of the cause of action had arisen within the territorial jurisdiction of this commercial division as contended by the counsel for petitioners. That is where the question of jurisdiction arose in the proceedings dt.18.11.2022. Now in this Leave to Sue, the question is when this commercial division has jurisdiction over a part of the cause of action and whether it would exercise jurisdiction over the entire suit
Observations of the Court:
It was observed that the two issues about the infringement of copyright and trademark are statutory remedies and the plaintiff is working outside the territorial jurisdiction of this Commercial Division with regard to them. As regards to the third prayer that is the relief of passing off is a common law remedy, but section 20 of the CPC is not applicable to this court in light of Section 120 CPC. Further, it was noted that as the case of the plaintiff is that, a part of the cause of action has arisen within the territorial jurisdiction of this Commercial Division, the plea has to be based only on Clause 12 of Letters Patent. In this context proceedings on 18.11.22 was made.
Further, this Court in regards to the grant of leave and territorial jurisdiction referred to the S.Annapoorni v. K Vijay case (2022 SCC Online Mad 4367) where the question of jurisdiction under the Guardians and Wards Act was decided and for the same, the court has summed up the trajectory of legal history and territoriality based on which it was concluded that the grant of leave for this case is dependent on whether the second defendant is carrying on business within the territorial jurisdiction of this Commercial Division.
On the basis of all the considerations and contentions of the parties, the leave was granted by the court, and the test of jurisdiction on the basis of postal pin codes of Madras by the Registry was not found to be in consonance with the statute and it was noted by the court that the registry has to necessarily go by the 'Jurisdictional Limits Act’ and ‘Jurisdictional Limits Extension Act’. Further, since the applicant has paid the entire court fees along with the intended plant even though there was no compulsion for the same, the court found it appropriate to test Section 12 A of CCA post institution of the suit.
Decision of the Court:
The Leave was granted by the court. Regarding the observation of the court that the registry has to necessarily go by 'The Jurisdictional Limits Act' and 'Jurisdictional Limits Extension Act', the registry was asked to place a copy of this order before the Hon’ble Acting Chief Justice to seek suitable orders.
Case Title: M/s AQJ Apparels Private Limited v. M/s Mmunna Garments and another
Coram: Hon’ble M. Sundar
Case No.: A.No.5013 of 2022 and C.S. (Comm. Div.) SR.No.101355 of 2022 (Filing Number)
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