S. Narendra Kumar And Co. v. Aachi Masala Foods (P) Ltd. And ANR.

905-LPETN39-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION NO. 39 OF 2018 S Narendra Kumar & Co

...Petitioner

Versus

Aachi Masala Foods (P) Ltd & Anr

...Respondents

Ms M Mohanty, i/b M/s SK Srivastav & Company, for the Petitioner CORAM: G.S. PATEL, J DATED:

15th February 2018 PC:- 1.

The Petition is for leave under Clause XII of the Letters Patent. This is an action in infringement and passing off. A material part of the cause of action has arisen in Mumbai and in any case the provisions of Section 62(2) of the Copyright Act 1957 and Section 134 of the Trade Marks Act 1999 will apply. The Defendants are outside the jurisdiction of this Court. I am satisfied that with leave granted under Clause XII of the Letters Patent, this Court will have the necessary jurisdiction to try and entertain the suit. 2.

Leave granted. The Petition is made absolute. (G. S. PATEL, J) 15th February 2018