- Date of judgment
- Judge
- Per Sanjay S. Agrawal
- Outcome
- Dismissed
Headnote
Appeal dismissed and the return of the plaint for want of territorial jurisdiction upheld. The plaintiff relied on an FIR lodged by the Excise Department within Chhattisgarh, under which goods bearing the impugned mark were confiscated. The Division Bench held that the plaint nowhere alleged that the FIR was made against any officer of the defendant company, that the defendant resided and carried on business at Indore, and that there was no plea that it had sought an excise licence to sell within Chhattisgarh. A bald statement about a seizure by the police was not enough to show that the defendant sold the goods there or that any part of the cause of action arose there.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.