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2016 (1) TMI 952 - HC - Companies LawTerritorial jurisdiction - Seeking permanent injunction restraining the infringement of trade mark, passing off and damages etc. - Held that:- no doubt law entitles a plaintiff to file a suit where a cause of action arises in whole or in part in Delhi and even if neither the plaintiff nor the defendant resides or carries on business at Delhi, however, I find it very peculiar for the plaintiff/Company in the present suit which has its office at Mumbai i.e not at Delhi, that such a plaintiff/Company is suing defendants not by filing a suit in Mumbai and that it is suing defendants who are residing and/or carrying on business not at Delhi but at Bengaluru in Karnataka or Gurgaon in Haryana. Putting it in other words, there is lack of convenience as regards the place of suing, both to the plaintiff and the defendants. In fact, Sections 22 and 23 of CPC deal with the situations which emerge in cases such as the present where in spite of a court having territorial jurisdiction where a suit is instituted, yet, if the court where the suit is filed finds that the suit can be well tried more conveniently at other place which also has the territorial jurisdiction, then in such cases the appropriate High Court is entitled to transfer the suit to other convenient place which otherwise has jurisdiction and where the suit would be more appropriately tried i.e the principle of forum conveniens so far as the parties to the suit are concerned. Plaints returned.
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