2017-TIOLCORP-39-HC-DEL-IPR
Allied Blenders And Distillers Pvt Ltd Vs
Prag Distillery Pvt Ltd
Whether the decision of the court in rejecting the defendant's prayer for return of the plaint under Order VII Rule 10 of the Code, would come in the way of the defendant raising the question of territorial jurisdiction - NO: HC
Whether at the stage of filing a plaint only averments has to be made with regard to the material Facts - YES : HC
Whether mere apprehension of the plaintiff that the mark of defendant might infringe the market of the plaintiff, can be a part of the Cause of Action - YES : HC
Where the issue of jurisdiction is to be decided at the trial, the standard of proof would be even higher - YES: HC
Whether considerations with regard to territorial jurisdiction in the context of Order VII Rule 10 of the Code are entirely different from those in an application under Order XXXIX Rules 1 & 2 of the Code - YES: HC
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Appeal Allowed: DELHI HIGH COURT
