UNITED BREWERIES LTD. v. SOM DISTILLERIES AND BREWERIES LTD.
2018-05-18
ADARSH KUMAR GOEL, INDU MALHOTRA
body2018
DigiLaw.ai
ORDER : 1. Leave granted. 2. We have heard learned counsel for the parties and perused the record. 3. The appellant-plaintiff instituted the proceedings in Bangalore. The respondent-defendant raised an issue of territorial jurisdiction. 4. In view of Section 134 of the Trade Marks Act, 1999, the plea of the appellant is that the proceedings can be instituted where instituting party is residing or carrying on its business. No doubt, the appellant has an office at Bhopal but according to the averments in the plaint the violation of the Trade Mark took place at Rajpur, District Barwani, Madhya Pradesh. 5. In view of this factual position, the Court at Bangalore has jurisdiction to decide the case in accordance with law. Accordingly, the appeal is allowed.