2017-TIOLCORP-71-HC-DEL-IPR
GD Foods Manufacturing India Pvt Ltd Vs Zihawa Foods Pvt Ltd
Whether the Court within whose jurisdiction even a part of cause of action arises has the jurisdiction to entertain the suit - YES: HC
Whether in terms of Section 134 of the Trade Marks Act, 1999 the Court within whose jurisdiction the plaintiff actually and voluntarily resides or carries on business or personally works for gain has the jurisdiction notwithstanding anything contained in CPC or any other law for the time being in force - YES: HC
Whether while dealing with the application under Order 7 Rule 11 CPC, the Court has to rely on the averments in the plaint only - YES: HC
Whether when the plaintiff has averred in the plaint that it has registered office with the jurisdiction of a Court or that defendant's product are being sold wi ht the such jurisdiction then as per Order 7 Rule 11 such Court will have jurisdiction to entertain the suit for infringement of trademark - YES: HC
Whether the question of jurisdiction has to be decided on the basis of averments in the plaint and not on the basis of defence - YES: HC
- Application dismissed: DELHI HIGH COURT
