AIR 2018 RAJASTHAN 67

Rajasthan High Court

Hon'ble Judge(s): Sangeet Lodha , J

(A) Commercial Court, Commercial Division and Commercial Appellate Division of High Courts Act (4 of 2016) , S.2(1)(c)(xvii), S.2(1)(c)(i), S.6— Civil P.C. (5 of 1908) , S.9— Trade Marks Act (47 of 1999) , S.134, S.135— Commercial dispute - Bar to jurisdiction of Civil Court - Infringement of registered Trade Marks - Suit for injunction - Dispute, commercial in nature - But specified value of subject-matter is not exceeding Rs. 1 Crore, for invoking jurisdiction of Commercial Court - Civil Court's jurisdiction, not barred. Suit relating to exclusive rights to registered trade mark and passing off falls within definition of 'commercial dispute' in terms of provisions of S. 2(1) (c) (xvii) of Act of 2015, but by virtue of provisions of S. 6 of Act of 2015, Commercial Court has jurisdiction to try all suits and applications relating to commercial dispute of specified value, which as per provisions of S. 2 (1)(i) shall not be less than one crore rupees or such higher value as notified by Central Government. In instant case, there is allegation of infringement of registered trade mark and for passing off, which as per provisions of Ss. 134, 135 of Trade Marks Act cannot be instituted in any Court inferior to District court having jurisdiction. Though dispute raised falls within definition of 'commercial dispute', but there is nothing on record suggesting that the....