- (1.) BY THE COURT: 1. The present misc. appeal has been filed by the appellant-plaintiff, challenging the order dated 13/10/2014 passed by the Additional District Judge No.4, Kota (hereinafter referred to as 'the Trial Court') in Civil Misc. Application No.157/2012, whereby the Trial Court has dismissed the said application seeking temporary injunction against the respondents-defendants.
(2.) It is sought to be submitted by the learned counsel Mr. Sudesh Bansal for the appellant that the impugned order passed by the Trial Court suffers from many illegalities and has been passed in utter disregard of the settled legal position with regard to the action of processing off. According to him, the appellant-plaintiff was running the institution in the name of Rajeev Gandhi Computer Saksharta Mission Trust since 1995, and the application for registration under the Trademark Act was also filed before the competent authority in 2005, which is still pending for consideration, whereas the respondents have recently started the institution by opening the website for running computer course with the name deceptively similar to the name of the institution of the appellant and are trying to deceive the public at large. However, the learned counsel for the respondents raising the issue of jurisdiction submits that the Trial Court did not have the jurisdiction to entertain the suit, as the respondents are not running any institution as alleged by the appellant in Rajasthan, more particularly, in Kota.
(3.) Having regard to the submissions made by the learned counsels for the parties, and to the documents on record, it appears that there are many contentious issues involved in the suit, including the issue of jurisdiction, which can be decided by the Trial Court only after the parties lead their evidence. Hence, without expressing any opinion on the merits of the case, it would be in the fitness of things, if the Trial Court is directed to decide the suit as expeditiously as possible.;