2011 (3) TMI 1777 - HC - Companies Law

Summary

Issues involved: Challenge to territorial jurisdiction u/s Copyright Act, 1957 and Trade and Merchandise Marks Act, 1958.

Details of the Judgment:

1. The defendants challenged the order granting territorial jurisdiction to the trial court in a suit involving Copyright Act, 1957 and Trade and Merchandise Marks Act, 1958. The plaintiff alleged passing off of goods. An interim injunction was granted in favor of the plaintiff, which was challenged in a previous case directing the trial court to proceed with the suit.

2. The defendants filed an application to determine territorial jurisdiction as a preliminary issue, contending that the District Court, Kottayam lacked jurisdiction. The court allowed a revision directing the trial court to reconsider the issue.

3. The trial court reaffirmed its territorial jurisdiction to try the suit based on Section 62 of the Copyright Act, 1957. The defendants challenged this decision, citing Supreme Court precedents and other case laws.

4. The plaintiff argued that the defendants had waived the right to challenge territorial jurisdiction by not raising it earlier. The court analyzed the provisions of the Copyright Act, 1957 and the Trade and Merchandise Marks Act, 1958 to determine jurisdiction.

5. The Supreme Court's decisions in M/s Dhodha House v. S.K. Maingi and Dabur India Ltd. v. K.R. Industries were referenced to clarify the conditions for maintaining a suit under the Acts. The court emphasized the need for fulfilling the conditions specified in the Acts for jurisdiction.

6. The court rejected the plaintiff's argument of waiver by the defendants, stating that the lack of territorial jurisdiction was raised in the written statement. The order granting jurisdiction to the trial court was set aside, allowing the plaintiff to amend the plaint for the suit to be maintainable before the District Court, Kottayam.

7. The judgment highlighted the importance of adhering to the principles laid down by the Supreme Court in similar cases and emphasized the need for proper jurisdiction in suits involving Copyright Act, 1957 and Trade and Merchandise Marks Act, 1958. The Civil Revision Petition was allowed accordingly.