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2014 (1) TMI 686 - SC - Companies LawCopyright and trademark infringement - Applicability of Act - High Court permitted the plaintiff to amend the plaint - Jurisdiction of High Court - Held that:- for the purpose of invoking the jurisdiction of the court in a composite suit, both the causes of action must arise within the jurisdiction of the court which otherwise had the necessary jurisdiction to decide all the issues. However, the jurisdiction cannot be conferred by joining two causes of action in the same suit when the court has jurisdiction to try the suit only in respect of one cause of action and not the other - If the impediment is sought to be removed by inserting an incidental provision, there cannot be any doubt the court could be entitled to pass an interim order, but the same by no stretch of imagination can be extended to a cause of action which is founded on separate set of facts as also rights and liabilities of a party under a different Act. Provision contained in Section 134 of the 1999 Act, would not come to the aid of the plaintiff. Although, the 1999 Act was enacted on 30th December, 1999, it came into force on 15th September, 2003 vide S.O. 1048(E), dated 15th September, 2003, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 15th September, 2003. Since the suit in this case was filed on 19th March, 2001, it would be adjudicated under the 1958 Act. The 1958 Act does not contain a provision similar to the provision contained in Section 62(2) of the 1957 Act. Parliament being aware of the provisions of the 1957 Act still did not incorporate the same in the 1958 Act. Therefore, it can not be read into the 1958 Act by implication. The High Court had correctly concluded that the suit of the plaintiff (appellant) was a composite one. Plaintiff has filed the suit on 19th March, 2001, but the 1999 Act was not enforced till 15th September, 2003. In our opinion, the High Court has passed the order in exercise of its discretionary powers taking into consideration the entire facts and circumstances of the case. The discretion exercised by the High Court can not be said to be either erroneous or perverse. It has been exercised only to avoid multiplicity of litigation. The defendant (respondent) could not dispute that in so far as suit predicated on the Copy Right is concerned, the Court at Kottayam is having requisite jurisdiction in view of the provisions of Section 62(2) of the Copy Right Act. Therefore, had the suit been filed for violation of copy right alone, the Court at Kottayam could validly entertain the same. By permitting the plaintiff to amend the plaint so as that the suit will be maintainable before the District Court, Kottayam, no error was committed by the High Court - Decided against appellant.
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