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Madras High CourtA/3324/2022allowed

Aasife Biriyani (P)Ltd., v. Alif Foods

2022-08-11Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.3324 of 2022 A.No.3324 of 2022 in C.S.(Comm.Div.) No.SR43998 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

In a proposed suit for trademark infringement and passing off, this application for leave to institute the suit before this Court against the respondent herein has been presented.

2. The applicant asserts that the suit arises out of breach of a franchise agreement, which was executed at Chennai, and which contains a dispute resolution clause conferring exclusive jurisdiction on courts in Chennai.

3. On considering the above submissions and on examining the draft plaint and material documents, the cause of action has arisen at least partly within the jurisdiction of this Court and the dispute resolution clause confers jurisdiction on courts in Chennai. Therefore, A.No.3324 of 2022 is allowed by granting leave to the applicant to institute the suit against the respondent before this Court. As a corollary, the Registry is directed to number the suit, if it is otherwise in order.

11.08.2022 rna https://www.mhc.tn.gov.in/judis 1/2

A.No.3324 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

rna A.No.3324 of 2022 in C.S.(Comm.Div.) No.SR43998 of 2022 11.08.2022 https://www.mhc.tn.gov.in/judis 2/2