SOUMEN SEN, J. - (1.) The Court: This is an application for revocation of leave under Clause 12 of the Letters Patent. The plaintiff has instituted the suit against the defendant after obtaining leave under Clause 12 of the Letters Patent praying, inter alia, for a decree of perpetual injunction restraining the defendant, their names, agents, assignees, distributors, dealers and each of them from infringing or causing or enabling or assisting others to infringe in any way or manner the plaintiff's patent no. 224165.
(2.) The plaintiff is a German company. The defendant is carrying on business at Gujarat. In the application for revocation, the defendant alleged that it has not been pleaded in the plaint nor there is any indication that the defendant is threatening to sell its product in commercial scale within the jurisdiction of this Court. It is alleged that there is no averment in the plaint that there is a direct transaction or sale between the defendant and the distributors or wholesalers or retailers for contract and supply of infringing goods to confer any jurisdiction of this Court. It is further alleged that neither the plaintiff nor the defendant resides or carries on business within the territorial jurisdiction of this Court and as such jurisdiction of this Court cannot be invoked on the basis of a solitary invoice.
(3.) The principal ground for revocation appears to be that the invocation of leave under Clause 12 of the Letters Patent is made on the basis of sporadic sale alleged to have taken place within the jurisdiction of this Court and that does not give the cause of action to institute a proceeding before this Court. In the plaint for the purpose of invocation of leave under Clause 12, the plaintiffs have relied upon Paragraph 24, 29 and 30 of the plaint. The said paragraphs read:- "24. The impugned products of the defendant are available over the counter, shops and establishments selling dyes and dye mixtures both within and outside the aforesaid jurisdiction and a few representative copies of the receipts evidencing sale of the impugned products from an outlet in Kolkata namely HIND CHEMECOLOUR and CO. dated 30th June, 2016 located at 37, Armenian Street, Kolkata-700001 within the jurisdiction of this Hon'ble Court are annexed hereto and collectively marked with the letter "H"." "29. The defendant has infringed the said patent no. 224165 of the plaintiff both at Kolkata within the jurisdiction of this Hon'ble Court and at several other places outside the jurisdiction of this Hon'ble Court. 30. The defendant has started extensive marketing and continued supply spread out in various States including the city of Kolkata both within and outside the aforesaid jurisdiction." ;