Don't Rely On Postal Pincodes: Madras HC Directs Registry To Determine Territorial Jurisdiction Using Jurisdictional Limits Act

While hearing a plea praying for a leave to sue, the Madras High Court noted that the Registry was using Postal pin codes to determine the territorial jurisdiction of the court. Justice M Sundar thus directed the registry to only use the Jurisdictional Limits Act and the Jurisdictional Limits Extension Act to determine the jurisdiction of the court. This Commercial Division is informed that the Registry to test territorial jurisdiction, is going by the Postal Pincodes of Madras. This is clearly not in consonance with the statute. The Registry has to necessarily go by 'Jurisdictional Limits Act' and 'Jurisdictional Limits Extension Act'. The Chennai High Court (Jurisdictional Limits) Act, 1927 sets out territorial limits of the High Court based on position of the sea and the four cardinal directions. Similarly, the Madras High Court (Jurisdictional Limits) Extension Act, 1985 provides for extension of ordinary original civil jurisdiction of the Madras High Court to certain areas.The court also opined that, if necessary, a map could be drawn out of the territorial limits. Since an earlier attempt to follow the map was later discontinued, the court thought it fit to revisit the aspect and thus directed the Registry to place the matter before the Acting Chief Justice for suitable orders. This Commercial Division is also informed that such a map was drawn earlier and the same was being followed but at somewhere down the line i.e., at some point of time that procedure was discontinued.. It may be necessary to revisit the above aspect of the matter. Registry to place a copy of this order before the Hon'ble The Acting Chief Justice and seek suitable orders. The court was deciding upon a plea seeking leave to sue. The main suit was with respect to infringement of trademark, copyright and passing off. The counsels had claimed that since the products with the alleged infringing trademark are sold in Chennai, a part of the cause of action arose within the territorial jurisdiction of the High Court. The court noted that as per the Trademarks Act 1999 and the Copyrights Act 1957, the court did not have jurisdiction since the plaintiff was carrying on business outside the territorial jurisdiction of the court. With respect to passing off, the court had to essentially look into whether under Clause 12 of the Letter Patent, the court had the original jurisdiction to hear the matter. For determining the original jurisdiction, one had to look into whether the defendant was carrying on business within the territorial jurisdiction of the court. It was in this context, that the court looked into the territorial jurisdiction of Tamil Nadu and made the above remarks.The court further granted leave to the plaintiff to continue with the litigation but added that the issue of summons will be subjected to the plaintiff fulfilling the test of pre-institution mediation. Case Title: M/s AQJ Apparels Private Limited v. M/s Mmunna Garments and another Citation: 2023 LiveLaw (Mad) 23Click here to download the order

Don't Rely On Postal Pincodes: Madras HC Directs Registry To Determine Territorial Jurisdiction Using Jurisdictional Limits Act

Upasana Sajeev

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Don't Rely On Postal Pincodes: Madras HC Directs Registry To Determine Territorial Jurisdiction Using Jurisdictional Limits Act

Upasana Sajeev

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INR 1099+GST

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