- (1.) The matter comes upon on an application filed by the defendant No.1 under Order VII, Rule 11 CPC seeking rejection of plaint on account of lack of territorial jurisdiction.
(2.) The present suit for permanent injunction under Section 22 of the Designs Act, 2000 ('the Act') was filed by the plaintiff before the District Judge, Jodhpur Metropolitan alleging violation of registered design No.245-249 in relation to a 'Jug'. It was, inter alia, indicated that the cause of action arose at Jodhpur in July, 2015 when the plaintiff came to know that the goods in violation of the registered design were being sold at Jodhpur and such goods were purchased on 14.08.2015, which violation was continuing.
(3.) In relation to the territorial jurisdiction, it was averred that the defendants were violating the legal rights of the plaintiff within the jurisdiction of Courts at Jodhpur. The petitioner-Firm is situated in Vapi (Gujarat), however, having its business at Jodhpur and even otherwise under Section 22 of the Act and provisions of CPC, the Court has the jurisdiction.;