2013 (4) ABR 37 ::(2013) 4 AllMR 47 (BOM) ::(2013) 4 Mah LJ 627 ::(2014) 3 Bom CR 446

Bombay High Court

Hon'ble Judge(s): S. J. Kathawalla , J

( A ) Letters Patent (Bombay) Cl. 14 — Application for grant of leave – Plaintiff alleging infringement of copy right — Seeking clubbing of action of passing off by grant of leave under Cl. 14 instead of compelling plaintiff to institute separate suits — No hard and fast rule as to grant of leave — Court has to use its judicial discretion and arrest any abuse of the process of Court, however, keeping in mind that multiplicity of litigation is to be avoided wherever possible — Plaintiff registered owner of composite mark “Cafe Madras” — Defendants admittedly using mark “Cafe Madras” — Defendants have made application for registration of the very mark, after being served with a cease and desist notice — Suit filed by plaintiff alleging infringement cannot be said to be lacking in bona fides — Nor it is abuse of process of Court — Grant of leave necessary as due to grant of leave defendants will have to defend their action only before the same Court instead of defending it before Courts at different places which would result in multiplicity of proceedings followed by possibility of conflicting decisions.From a reading of Clause 14 of the Letters Patent, it can safely be concluded that : (i) the grant of leave under Clause XIV of the Letters Patent is a discretionary exercise; (ii) the primary consideration, while deciding applications for grant of leave under Clause XIV of the Letters Patent is avoiding multiplicity of litigatio....