SC: Not Much Scope For Considering Territorial Jurisdiction Issue In A Transfer Petition Under Section 25 Of CPC

Factual Background

• The name of the case was Naivedya Associates V. Kriti Nutrients Ltd.
• A suit for infringement of trademark and copyright was filed before the District Karkardooma Court, New Delhi.
• The defendant filed a transfer petition before the Supreme Court contending that since both the parties belong to Madhya Pradesh state, the New Delhi District Court does not have a jurisdiction.

Court’s Observation

• There is lack of scope in the transfer petitions under Section 25 of the Code of Civil Procedure to question the territorial jurisdiction of the Court.
• The transfer petition was dismissed by stating that the point is to be brought before the Court where the suit is pending.

Court’s Orders

• The lack of jurisdiction can be raised before the very Court where the suit is instituted.
• Section 25 of the Code of Civil Procedure entails that the Apex Court has the power to direct for the transfer of a suit from any Civil Court in one State to another State, if the Court feels it is needed for meeting the ends of justice.

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