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Neelkanth Healthcare Pvt. Ltd. v/s Neelkanth Minechem, Partnership Firm


Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB2004PTC047381

Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2004PTC027689

Company & Directors' Information:- P. H. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33110MH2010PTC208651

Company & Directors' Information:- B G P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232GJ2007PTC050417

Company & Directors' Information:- D R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2006PTC048008

Company & Directors' Information:- M J HEALTHCARE PRIVATE LIMITED [Active] CIN = U93090PN2008PTC132455

Company & Directors' Information:- S J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190MH2005PTC153435

Company & Directors' Information:- G J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB1998PTC021049

Company & Directors' Information:- I M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232CH2010PTC032454

Company & Directors' Information:- K G HEALTHCARE LIMITED [Active] CIN = U85110TZ1995PLC006402

Company & Directors' Information:- C S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2012PTC070018

Company & Directors' Information:- M M HEALTHCARE LIMITED [Active] CIN = U74899DL1988PLC034339

Company & Directors' Information:- A L B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85110UP2002PTC026786

Company & Directors' Information:- S B M HEALTHCARE (INDIA) PRIVATE LIMITED [Active] CIN = U33112DL2005PTC140703

Company & Directors' Information:- S A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100OR2014PTC018365

Company & Directors' Information:- AND HEALTHCARE LIMITED [Active] CIN = U51909PB2017PLC046446

Company & Directors' Information:- D. S. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232WB2007PTC115617

Company & Directors' Information:- B N HEALTHCARE PRIVATE LIMITED [Active] CIN = U15412AS2000PTC006258

Company & Directors' Information:- P AND B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24230GJ2013PTC075056

Company & Directors' Information:- M M D HEALTHCARE LIMITED [Active] CIN = U65921CH1996PLC017595

Company & Directors' Information:- A AND R HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL1999PTC102404

Company & Directors' Information:- K. N. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85320RJ2018PTC061003

Company & Directors' Information:- R F B HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190DL2021PTC384643

Company & Directors' Information:- M S HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239MH2001PTC130893

Company & Directors' Information:- G A S HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999BR2018PTC038700

Company & Directors' Information:- L. J. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HR2019PTC078493

Company & Directors' Information:- J. R. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191UP2013PTC054982

Company & Directors' Information:- M A P H HEALTHCARE PRIVATE LIMITED [Under Process of Striking Off] CIN = U85100WB2010PTC144870

Company & Directors' Information:- N. C. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191DL2007PTC164437

Company & Directors' Information:- N Y HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2010PTC063348

Company & Directors' Information:- H 4 HEALTHCARE PRIVATE LIMITED [Active] CIN = U15100MH2021PTC353283

Company & Directors' Information:- D. B. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33205MH2014PTC253439

Company & Directors' Information:- K S V HEALTHCARE PRIVATE LIMITED [Active] CIN = U85195HR2011PTC043767

Company & Directors' Information:- N M HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110MH2000PTC125392

Company & Directors' Information:- T K HEALTHCARE (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U85190MH2003PTC139346

Company & Directors' Information:- A R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2013PTC034820

Company & Directors' Information:- I P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL2003PTC121211

Company & Directors' Information:- A 2 Z HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2010PTC208860

Company & Directors' Information:- K. D. HEALTHCARE INDIA PRIVATE LIMITED [Strike Off] CIN = U85100DL2015PTC281658

Company & Directors' Information:- A P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230MH1999PTC122520

Company & Directors' Information:- K Y O S HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U51397HP2010PTC031280

Company & Directors' Information:- Z F HEALTHCARE PVT. LTD. [Active] CIN = U29295MH2006PTC164255

Company & Directors' Information:- K. B. B. K. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110RJ2013PTC041465

Company & Directors' Information:- T.H.E. HEALTHCARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U33111MH2012PTC229451

Company & Directors' Information:- J S B HEALTHCARE PRIVATE LIMITED [Active] CIN = U74120MH2013PTC248848

Company & Directors' Information:- J S D HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046578

Company & Directors' Information:- S V T HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100TZ2009PTC015287

Company & Directors' Information:- A N S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HP2011PTC031745

Company & Directors' Information:- J M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230CH2007PTC030943

Company & Directors' Information:- P R HEALTHCARE PRIVATE LIMITED. [Strike Off] CIN = U24231DL2003PTC120123

Company & Directors' Information:- R S M HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC136255

Company & Directors' Information:- M H HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289311

Company & Directors' Information:- N T HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2012PTC241304

Company & Directors' Information:- R A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85190DL2009PTC188221

Company & Directors' Information:- G & G HEALTHCARE PRIVATE LIMITED [Active] CIN = U51397HR2015PTC057293

Company & Directors' Information:- P D HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2004PTC045131

Company & Directors' Information:- L. V. G. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24233GJ2006PTC047749

Company & Directors' Information:- S H G HEALTHCARE PVT LTD [Strike Off] CIN = U85110WB1989PTC047231

    Civil Revision No. 217 of 2017

    Decided On, 10 November 2017

    At, High Court of Rajasthan

    By, THE HONOURABLE MR. JUSTICE SANGEET LODHA

    For the Appellant: Manish Shishodia, Advocate. For the Respondent: Dr. Ashok Soni, Advocate.



Judgment Text

1. By way of this writ petition, the petitioners have questioned legality of order dated 23.9.17 passed by the Additional District Judge No. 4, Jodhpur Metropolitan City in Civil Suit No. 139/17, whereby an application preferred by the petitioners raising objection against the jurisdiction of the court to entertain the suit, stands rejected.

2. The respondent-plaintiff has filed a suit under Section 134 & 135 of Trade Marks Act, 1999 (for short "the Act of 1999") seeking injunction against the violation of the trade mark and passing off. The prayer is also made for rendition of account of profit and delivery of incriminating materials including packing material, carry bags, block, sticker etc.

3. During the pendency of the petition, the petitioners preferred an application raising objection against the jurisdiction of the court on the ground that the dispute as raised falls within the definition of 'commercial dispute' in terms of section 2 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short "the Act of 2015") and therefore, being exclusively triable by the Commercial Court, cannot be entertained by the Civil Court.

4. The application stands rejected by the court below observing that in terms of the provisions of Section 134 of the Act of 1999, the suit with regard to infringement of registered trademark or for passing off is maintainable before the District Court having jurisdiction to try the suit and the value of the subject matter of the suit being not beyond the specified value so as to bring it within the definition of 'commercial dispute', the same cannot be treated to be commercial dispute triable by the Commercial Court.

5. Learned counsel appearing for the petitioners contended that from bare perusal of the plaint, it is discernible that the suit as framed involves a commercial dispute which can only be entertained by the Commercial Court having jurisdiction. It is submitted that the Act of 2015 is special Act, which has over riding effect over all enactments including the Act of 1999, and therefore, the suit preferred with the prayer relating to plaintiff's exclusive rights to the trade marks and profits, which taking into consideration the volume of business certainly exceeds the specified value of one crore, deserves to be rejected for want of jurisdiction.

6. On the other hand, learned counsel appearing for the respondent contended that the suit relating to the exclusive rights to the registered trade mark and passing off falls within the definition of 'commercial dispute' in terms of provisions of Section 2 (1) (c) (xvii) of the Act of 2015, but by virtue of provisions of Section 6 of the Act of 2015, the Commercial Court has jurisdiction to try all suits and applications relating to commercial dispute of specified value, which as per provisions of Section 2 (1) (i) shall not be less than one crore rupees or such higher value as notified by the Central Government. Learned counsel submitted that in respect of the right to trade mark, the market value as assessed by the plaintiff has to be accepted and the profit claimed on the basis of the rendition of account cannot be valued at this stage and thus, the order impugned passed by the court below rejecting the application does not suffer from any error warranting interference by this Court.

7. I have considered the rival submissions and perused the material on record.

8. Indisputably, the plaintiff has filed the suit for injunction under Section 134 and 135 of the Act of 1999 alleging infringement of registered trade mark and for passing off, which as per the provisions of Section 134 read with Section 135 of the Act of 1999 cannot be instituted in any Court inferior to District Court having jurisdiction. It is true that the dispute raised falls within the definition of 'commercial dispute', but there is nothing on record suggesting that the specified value of the subject matter of the commercial dispute in the suit exceeds rupees one crore. The value regarding the right to trade mark as estimated by the plaintiff has to be taken into account for the purpose of determining specified value and obviously the profit to which the plaintiff may be found entitled cannot be determined at this stage and thus, the court below has committed no error in rejecting the application preferred by the petitioners at this stage. It is not out of place to mention here that even as per the provisions of Section 26 (b) of the Rajasthan Court Fees and Suits Valuation Act, 1961 where the prayer relates to the plaintiff's exclusive rights to use, sell, print or exhibit any mark named book, picture, design or other thing and is based on an infringement of such exclusive rights, the fee payable shall be computed on the amount at which the relief sought is valued in the plaint or on rupees five hundred, whichever is higher and thus, the question of rejecting the valuation made by the plaintiff and presuming the specified value of the subject matter of the suit to be rupees one crore or more does no

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t arise. 9. It is always open for the defendants to dispute the valuation made in the suit by the plaintiff by filing a written statement thereto. Obviously, the contentious issue, if any, between the parties shall be determined by the court below at the appropriate stage, but in any case, from the perusal of the plaint, in no manner it can be said that the suit as framed was liable to be rejected or returned by the court below for want of jurisdiction. 10. In the result, the revision petition fails. It is hereby dismissed. No order as to costs.
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