M/S. Haldiram (India) Pvt. Ltd. v. Ashok Kumar Aggarwal And 6 ORS

913-LPETN-50-2017.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 50 OF 2017 WITH NOTICE OF MOTION (L) NO. 269 OF 2017 IN SUIT (L) NO. 71 OF 2017 Haldiram India Pvt Ltd ...Plaintiff

Versus

Ashok Kumar Aggarwal & Ors ...Defendants Mr Shyam Dewani, with Pushkraj Deshpande, Akansha Helaskar and Pratik Thakkar i/b Dewani & Co for the Plaintiff.

Mr J Hussein, i/b Hussein & Co for Defendants Nos. 1 to 3. CORAM: G.S. PATEL, J DATED:

16th February 2017 PC:- 1.

The Plaintiff and Defendants all outside Mumbai. The dispute arises in Mumbai when the Defendants have opened a shop using the Plaintiff's mark and which is sought to be restrained. I am satisfied, therefore, that a material part of the cause of action arises within the jurisdiction of this court and that, therefore, with leave granted under Clause XII of the Letters Patent, this Court would have jurisdiction to entertain and try the Suit. Leave granted. The Petition is made absolute in these terms.

(G. S. PATEL, J.) 16th February 2017