Phonepe Private Limited v. Rentpe Financial Technologies Private Limited And 2 Others

A.No.1018 of 2023 A.No.1018 of 2023 C.SARAVANAN, J.

This Application is filed to grant leave to the applicant/plaintiff to sue against the respondents/defendants.

2. The learned counsel for the applicant/plaintiff has referred to Paragraph 78 of the plaint, which reads as under:- "78. This Hon'ble Court has the necessary and requisite territorial jurisdiction to entertain the present suit as the Defendant's applications Rentpe is freely accessible and can be downloaded from the Play Store, thereby causing confusion and deceit in the minds of Plaintiff's customers in Chennai. The Defendant's website can also be accessed in Chennai. It is further pertinent to state that though the website and the application can be accessed and downloaded, the App and website still being in nascent stage is yet to be fully functional in Chennai and given that the Defendant's business has been launched recently, the Plaintiff apprehend that the Defendant's Rentpe business will gain traction due to their illegal association with Plaintiff's PhonePe Trade marks. It is pertinent to state that since the Defendant's Apps Rentpe Tenant & Rentpe Partner respectively can be downloaded in Chennai, within the 1/2 https://www.mhc.tn.gov.in/judis

A.No.1018 of 2023 C.SARAVANAN, J.

arb jurisdiction of this Hon'ble Court and since the Plaintiff's Application is also used widely in Chennai and the Plaintiff also has a branch office at Chennai, this Hon'ble Court has jurisdiction to entertain and try the suit."

3. Considering the above, leave is granted and this application allowed.

4. Registry is directed to number the plaint, if the papers are otherwise in order.

22.02.2023 arb A.No.1018 of 2023 2/2 https://www.mhc.tn.gov.in/judis