Cause of action (territrial jurisdiction)
adsuppal
(Querist) 16 December 2013
This query is : Resolved
My client is a registered Co. having its head office at Hyderabad. Recently it came to their attention that another Co. having its head office in Gurgaon (Haryana)is advertising its products using their logo. Everything is fine because our Co. had registered its logo before the defendant Co.
The only problem is that when we went to the Delhi HC, the Judge asked us how does the Court have jurisdiction.
According to him only Andhra HC or Chandigarh HC has jurisdiction.
Our contention is that the defendant Co. had advertised their products in Delhi. Thus a cause of action had arose in Delhi and the Court has jurisdiction?
Any advice will be appreciated.
ajay sethi
(Expert) 16 December 2013
since your company is having head office in hyderabad AP high court would have jurisdiction . similarly since defendant is having office in gurgaon chandigarh HC would have jurisdiction . since delhi HC has decided against your company on issue of jurisdiction better move any of 2 HC suggested
BAALASUBRAMANNYAMM
(Expert) 16 December 2013
Here, where the Plaintiff has resides, will be the jurisdiction of the court, but not the advertising company, where it situates.
R.K Nanda
(Expert) 16 December 2013
agree with expert sethi.
Advocate Bhartesh goyal
(Expert) 23 December 2013
I think your contention is absolutely correct as defendant had advetised their products in Delhi so cause of action arose to you to file case against defendant at Delhi and as per sec 20 of CPC which states that every suit shall be instituted in a Court within the local limits of whose jurisdiction, among other things, the cause of action wholly or in part, arises.
