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Showing contexts for: jawahar engineering in Manmohan Sharma vs Manjit Singh on 7 April, 2016Matching Fragments
6. M/s Jawahar Engineering Co. & others vs. M/s Javahar Engineers Pvt. Ltd. 1984 AIR (Delhi) 166 to contend that for the purpose of adjudication of the application filed Order VII Rule 10 and Rule 11(a) and (d) read with Section 151 of the Code of Civil Procedure, the Court is enjoined upon an obligation to seek the 6 of 12 Civil Revision No.846 of 2015 {7} averments made in the plaint and as per the findings rendered in paragraph 13 in LT Foods Limited's case (supra), before the Hon'ble Division Bench of Delhi High Court, similar question arose, wherein, it was held that the intention to sell the product throughout the length and breadth of the country would include place where suit is instituted also, and therefore, the Court at Amritsar had the jurisdiction to try the adjudication vis-a-vis passing off. While referring to the judgment rendered in M/s Jawahar Engineering Co.'s case (supra), he submits that judgment rendered by the Division Bench in Jawahar Engineering has not been set aside in Dhodha House's case (supra), and in this respect, he has referred to paragraph 27 of Dhodha House. Similarly, he has relied upon the other judgments to contend that where there is threat perception in the mind of the trademark holder that offending goods would be sold in the particular area where suit qua infringement of Trademark and violation of the copyright, much less, rendition of accounts is sought, the claim of "Passing Off", would also be maintainable. He, thus, urges this Court for dismissal of the present revision petition with exemplary costs as the petitioner-defendant had moved an application when the case was ripe for argument on interim stay.