Case Note & Summary
The judgment concerns two Misc. Civil Applications filed by Nagpur Distillers Pvt. Ltd. and Vidarbha Distillers seeking transfer of three suits (Suit Nos. 6, 7, and 8 of 2011) from the District Court at Kopargaon to the District Court at Nagpur. The suits were instituted by respondent No.1, Kopargaon Sahakari Sakhar Karkhana Limited, against the applicants, alleging passing off and trademark infringement in respect of country liquor products. The applicants argued that all parties and witnesses are based in Nagpur, and the subject matter of the suits, including trademark registrations and business operations, is connected to Nagpur. They contended that it would be highly inconvenient and expensive to defend the suits in Kopargaon, which is far from Nagpur. Respondent No.1 opposed the transfer, claiming that the suits were properly filed in Kopargaon where it has its registered office. The court, after considering the submissions, held that the balance of convenience lies in transferring the suits to Nagpur. It noted that the applicants and respondent No.2 are based in Nagpur, and most witnesses are from Nagpur. The court also observed that the trademark registrations and business activities are centered in Nagpur. Accordingly, the court allowed the applications and directed the transfer of the suits from Kopargaon to Nagpur for trial.
Headnote
A) Civil Procedure - Transfer of Suits - Section 24 Code of Civil Procedure, 1908 - Convenience of Parties and Witnesses - The applicants sought transfer of three suits from Kopargaon to Nagpur on grounds of convenience, as all parties and witnesses were based in Nagpur. The court held that the balance of convenience lies in transferring the suits to Nagpur, considering the distance, availability of witnesses, and the fact that the subject matter of the suits is connected to Nagpur. (Paras 2-10)
B) Trademark Law - Passing Off - Infringement of Trademark - The suits involved claims of passing off and trademark infringement regarding country liquor products. The court noted that the trademark registration and business operations of the applicants are in Nagpur, making Nagpur the more convenient forum. (Paras 3-5)
Issue of Consideration
Whether the suits pending before the District Court at Kopargaon should be transferred to the District Court at Nagpur for the convenience of the parties and witnesses.
Final Decision
The court allowed the applications and directed the transfer of Suit Nos. 6, 7, and 8 of 2011 from the District Court at Kopargaon to the District Court at Nagpur for trial.
Law Points
- Transfer of suits
- convenience of parties and witnesses
- balance of convenience
- territorial jurisdiction
- Section 24 CPC
Case Details
2013 LawText (BOM) (05) 3
Misc. Civil Application No. 28 of 2012 and Misc. Civil Application No. 29 of 2012
Mr. Subodh Dharmadhikari, senior counsel i/b Mr. Kutik Shukul & Mr. Hemantkumar Pawar for applicants; Mr. R.N. Dhorde, senior counsel i/b Mr. P.S. Dighe for respondent No.1; Mr. A.S. Gandhi for respondent No.2
Nagpur Distillers Pvt. Ltd. and M/s Vidarbha Distillers
Kopargaon Sahakari Sakhar Karkhana Limited and Konkan Agro Marine Industries Ltd.
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Nature of Litigation
Civil miscellaneous applications seeking transfer of suits from one district court to another.
Remedy Sought
Transfer of Suit Nos. 6, 7, and 8 of 2011 from District Court, Kopargaon to District Court, Nagpur.
Filing Reason
Applicants claimed inconvenience and expense in defending suits in Kopargaon as all parties and witnesses are based in Nagpur.
Issues
Whether the suits should be transferred from Kopargaon to Nagpur for convenience of parties and witnesses.
Submissions/Arguments
Applicants argued that all parties and witnesses are based in Nagpur, and the subject matter of the suits is connected to Nagpur, making it inconvenient to defend in Kopargaon.
Respondent No.1 opposed the transfer, stating that the suits were properly filed in Kopargaon where it has its registered office.
Ratio Decidendi
The balance of convenience lies in transferring the suits to Nagpur as all parties and witnesses are based in Nagpur, and the subject matter of the suits is connected to Nagpur. The court applied the principle that convenience of parties and witnesses is a paramount consideration under Section 24 CPC.
Judgment Excerpts
Since a common issue of transfer of Suit Nos. 6 of 2011, 7 of 2011 and 8 of 2011, pending before the District Court, Kopargaon to the District Court at Nagpur, is involved in these Misc. Civil Applications, they are being disposed of by this common judgment.
It is the case of the applicants that the applicants are the private limited companies duly registered under the provisions of Companies Act, 1956 and also successfully carries on business as distillers, manufacturers and sellers of country liquor...
Procedural History
The applicants filed Misc. Civil Application No. 28 of 2012 for transfer of Suit Nos. 7 and 8 of 2011, and Misc. Civil Application No. 29 of 2012 for transfer of Suit No. 6 of 2011. The suits were instituted by respondent No.1 before the District Court, Kopargaon. The applications were heard and disposed of by common judgment.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Companies Act, 1956:
- Bombay Co-operative Societies Act, 1925:
- Maharashtra Co-operative Societies Act, 1960:
- Partnership Act, 1932:
