Supreme Court of India

Indian Performing Rights Society Ltd v Sanjay Dalia

(2015) 10 SCC 16120151 min read
The case in brief30-second read
Facts
The plaintiffs filed copyright and trade mark infringement suits in Delhi, where they had a branch office, although their principal office and the cause of action were in Mumbai.
Issue
Whether S.62(2) of the Copyright Act and S.134(2) of the Trade Marks Act allow a plaintiff to sue at any place where it has a branch.
Held
These provisions add a forum where the plaintiff resides or carries on business, but they must be read with S.20 CPC. Where the cause of action arises at the principal office, the plaintiff must sue there and cannot sue at a distant branch where no cause of action arose.
Principle
Special forum provisions do not permit suing at a distant branch where no part of the cause of action arose.
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Facts

  • The plaintiffs filed copyright and trade mark infringement suits in Delhi, where they had a branch office, although their principal office and the cause of action were in Mumbai.

Issue

  1. Whether S.62(2) of the Copyright Act and S.134(2) of the Trade Marks Act allow a plaintiff to sue at any place where it has a branch.

Held

  • These provisions add a forum where the plaintiff resides or carries on business, but they must be read with S.20 CPC. Where the cause of action arises at the principal office, the plaintiff must sue there and cannot sue at a distant branch where no cause of action arose.

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Citation

Indian Performing Rights Society Ltd v Sanjay Dalia (2015) 10 SCC 161

Reported: https://indiankanoon.org/doc/51545606/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.