M/S Kcp Engineers Private Limited v. Google Llc And 2 Others

A.No.1300 of 2021 in C.S.D.No.29392 of 2021 A.No.1300 of 2021 in C.S.D.No.29392 of 2021 R.PONGIAPPAN, J., Heard. Documents perused.

2. This application has been filed for granting leave to sue the defendants 1 and 2 on the file of this Court.

3. It is the case of the applicant that the third respondent is running his business within the jurisdiction of this Court. In respect to the respondents 1 and 2, though the said Offices are situated at California, United States, the material uploaded in their websites, are published all over the world including the area, in which, this Court is having the jurisdiction. Therefore, a substantial part of the cause of action has been arised within the jurisdiction of this Court. Accordingly, under Section 12 of the Patent Act, leave could be granted in favour of the applicant. The same view has also been taken by the Delhi High Court in the case of SWAMI RAMDEV AND OTHERS vs. FACEBOOK, INC. AND OTHERS reported in MANU/DE/3436/2019.

4. In the said circumstances, the leave prayed for by the applicant is granted. This application is allowed accordingly.

5. Registry is directed to number the suit, if it is otherwise in order.

25.03.2021 sri 1/2 https://www.mhc.tn.gov.in/judis/

A.No.1300 of 2021 in C.S.D.No.29392 of 2021 R.PONGIAPPAN, J.

sri A.No.1300 of 2021 in C.S.D.No.29392 of 2021 25.03.2021 2/2 https://www.mhc.tn.gov.in/judis/