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Madras High CourtA/2591/2022allowed

Aasife Biriyani (P)Ltd., v. Varalakshmi Food And Another

2022-07-07Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.2591 of 2022 A.No.2591 of 2022 in C.S.(Comm.Div.) No.SR43999 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

In a proposed suit for alleged trademark and copyright infringement and passing off, this application is presented for leave to institute the suit against the respondents herein before this Court. The applicant asserts that a Franchise Agreement was entered into between the applicant and the respondents at Chennai on 29.04.2018. Since the dispute arises out of the said agreement and the agreement contains a clause conferring jurisdiction on this Court, it is asserted that the cause of action has arisen within the jurisdiction of this Court.

2. Upon considering the said submissions and on examining the draft plaint, at least a part of the cause of action has arisen within the jurisdiction of this Court. Accordingly, this application is allowed by granting leave to the applicant to institute the suit against the respondents before this Court. As a corollary, the Registry is directed to number the suit if it is otherwise in order. 07.07.2022 rna https://www.mhc.tn.gov.in/judis 1/2

A.No.2591 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

rna A.No.2591 of 2022 in C.S.(Comm.Div.) No.SR43999 of 2022 07.07.2022 https://www.mhc.tn.gov.in/judis 2/2