Expert Handwriting Training Institute versus Vision Handwriting Training Centre - Order No: 4

ORDER ON PRELIMINARY ISSUE

Heard both side on preliminary issue. This Suit is filed by the Plaintiff for the relief of injunction stating that Defendant is infringing the it's Copyright over the work aND trademark over EHTI aND also for the relief of accounts. Section 2(c)(xvii) of Commercial Act, defines Commercial Dispute as under: - "Commercial dispute means a dispute arising out of: - *(xvii) Intellectual Property rights relating to registered aND unregistered trademarks, copyright, patent, design, domain names, geographical indications aND semiconductor integrated circuits". * So, the dispute involved in this Suit is commercial dispute as per Section 2(c)(xvii) of Commercial Court Act, i. e. , Suit is with respect to infringement of copyright aND trademark. As per section 2(i) of Commercial Court Act, which is amended with effect from 03. 05. 2018, the Commercial Court will get the jurisdiction if subject matter of the Suit exceeds Rs. 3 lakh. As per section 12(d) of Commercial Court Act, Plaintiff has filed specified value of the Suit is below Rs. 3 lakh. So, this Court can try the commercial dispute if the specified value of the Suit is less than Rs. 3 lakh. In this Suit, the specified value of the Suit is below Rs. 3 lakhs. Hence, this Court has got pecuniary jurisdiction to try aND entertain the Suit. Hence, I answer the preliminary issue in the Affirmative. For Cross of PW1, call on 13. 02. 2025.

15. 19. No. 5635/2024 XVIII Additional City Civil Judge. , BANGALORE.

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References: Case Number - O.S./5635/2024 | Case Type - O.S. | CNR Number - KABC010205242024 | Complex Name - Prl. City CIVIL AND SESSIONS JUDGE | Court Name - 19-sri VIJAYA DEVARAJA URS-CCH10 XVIII ADDL. City CIVIL AND SESSIONS JUDGE | Filing Date - 06-08-2024 | Judge Name - 19-Cch10 Xviii Addl. City Civil And Sessions Judge | List Date - 2025-07-14 | Order Date - 2025-02-01 | Order Number - 4 | Petitioner Advocates - Rahul Jha | Petitioner Parties - Expert Handwriting Training Institute Advocate - Rahul Jha | Respondent Parties - Vision Handwriting Training Centre2) Mallikarjun V 3) Manju Sriju | Status - Evidence