Tue. Jan 19th, 2021

Ultra Home Construction Pvt. Ltd vs Purushottam Kumar Chaubey & Ors on 20 January, 2016

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BADAR DURREZ AHMED, J

1. This appeal has been filed against the judgement dated 20.07.2015

delivered by a learned single judge of this court in CS (OS) 2065/2015. By

virtue of the impugned judgement the learned single judge has dismissed a

suit filed by the appellant/plaintiff on the ground that this court does not

have the territorial jurisdiction to entertain the same. The said dismissal of

the suit was in limine, without requiring the presence of the defendants /

respondents.

FAO (OS) 494/15 Page 1 of 26
2. The suit was filed by the appellant/plaintiff seeking an injunction

against the defendants, alleging infringement of its trademark

“AMRAPALI”. The appellant / plaintiff, as alleged in the plaint, carries on

the business of building, developing, colonising and promoting residential,

commercial and industrial buildings, cinema houses, amusement parks,

hotels and deals in all kinds of immovable properties. It is further alleged

that the appellant / plaintiff (Ultra Home Construction Private Limited) is

the flagship company of the AMRAPALI GROUP and has a number of

other affiliate/associate companies in which it has a controlling stake either

by itself or through the shareholding members or has common directors and

shareholders. It is further alleged that due to the popularity of the appellant

company and its trademark AMRAPALI, the same has become the mark of

the group as such and that is how the entire group is known as the

AMRAPALI GROUP. According to the appellant / plaintiff, the

AMRAPALI GROUP is the leader in real estate development industry. It

is further stated in the plaint that the appellant / plaintiff has its principal

place of business (registered office) at 307, Third floor, Nipun Tower,

Community Centre, Karkardooma, Delhi-92.

Source: Indian Kanoon

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