Case Note & Summary
The petitioner, M/s Fine Footwear Private Limited, was the first defendant in a civil suit (O.S. No.2598/2019) filed by the respondents (Skechers entities and others) before the XVIII Additional City Civil and Sessions Judge, Bengaluru. The respondents sought an injunction against the petitioner and other defendants for alleged trademark infringement. The trial court passed an ex-parte ad-interim order dated 12.04.2019 restraining the defendants. The petitioner challenged this order by filing a writ petition under Article 227 of the Constitution, primarily on the ground that the trial court lacked territorial jurisdiction. The petitioner argued that no part of the cause of action arose within the territorial limits of Bengaluru, as the petitioner's business was in Bengaluru but the respondents' allegations pertained to activities elsewhere. The High Court examined the plaint and found that the suit did not disclose any cause of action arising within the court's jurisdiction. The court held that under Section 20 of the Code of Civil Procedure, 1908, a suit must be instituted in a court where the cause of action arises or where the defendant resides or carries on business. Since the plaint failed to show any such nexus, the trial court had no jurisdiction. Consequently, the ex-parte ad-interim order was void ab initio and liable to be quashed. The High Court allowed the writ petition, quashed the entire proceedings in O.S. No.2598/2019, and set aside the ex-parte ad-interim order dated 12.04.2019.
Headnote
A) Civil Procedure - Territorial Jurisdiction - Cause of Action - Section 20, Code of Civil Procedure, 1908 - The court held that a suit can only be instituted in a court within whose jurisdiction the cause of action arises or the defendant resides or carries on business. In the absence of any such nexus, the court lacks jurisdiction and any order passed is void ab initio. (Paras 1-5) B) Trademark Infringement - Ex-Parte Ad-Interim Order - Jurisdictional Defect - The trial court passed an ex-parte ad-interim order of injunction without verifying its territorial jurisdiction. The High Court quashed the order as the suit was filed without any cause of action within the court's limits, rendering the proceedings void. (Paras 3-5)
Issue of Consideration
Whether the trial court had territorial jurisdiction to entertain the suit and pass an ex-parte ad-interim order when no part of the cause of action arose within its jurisdiction.
Final Decision
The High Court allowed the writ petition, quashed the entire proceedings in O.S. No.2598/2019, and set aside the ex-parte ad-interim order dated 12.04.2019, declaring them void ab initio.
Law Points
- Territorial jurisdiction
- Cause of action
- Ex-parte ad-interim order
- Void ab initio
- Section 20 CPC
