The intricacies of jurisdiction often come to the forefront in legal battles,
and a recent case before the Hon'ble High Court of Mumbai has brought the
interplay between jurisdiction, leave under Clause XII of the Letters Patent,
and the prevention of multiplicity of litigation into sharp focus.
The Defendant's challenge to the granted leave, hinging on the absence of
services within Mumbai's jurisdiction, sets the stage for a nuanced exploration
of legal principles.
Defendant's Challenge and Jurisdictional Landscape:
The crux of the Defendant's challenge lies in the absence of provided services
within Mumbai, with exclusive outlets in Noida, Uttar Pradesh, and the assertion
that no cause of action transpired within the Mumbai jurisdiction. This prompts
a careful examination of the jurisdictional scope outlined under Clause XII of
the Letters Patent.
Elucidating Clause XII:
The Hon'ble High Court of Mumbai, in response to the Defendant's challenge,
offered a comprehensive elucidation of the jurisdictional scope prescribed by
Clause XII of the Letters Patent. Emphasizing the pivotal consideration of
preventing multiplicity of litigation, the Court underscored the need for a
unified legal forum to address related issues efficiently.
Post-Leave Jurisdictional Challenges:
An intriguing aspect of the Court's response is the clarification that
Defendants are not barred from raising jurisdictional issues even after the
grant of leave under Clause XIV of the Letters Patent. This underscores the
flexible nature of jurisdictional considerations and ensures that parties retain
the right to contest jurisdiction at various stages of the legal proceedings.
Discretionary Nature of Leave under Clause XIV:
The Court, in emphasizing the discretionary nature of granting leave under
Clause XIV, pointed to its prior affirmation of jurisdiction in the trademark
infringement suit. This discretionary power was wielded judiciously, as the
Court granted Leave to the Plaintiff under Clause XII of the Letters Patent,
thereby preserving all rights and contentions, including the Defendants'
The Concluding Note:
This case before the Hon'ble High Court of Mumbai offers a compelling study of
the interplay between jurisdiction, leave under Clause XII of the Letters
Patent, and the prevention of multiplicity of litigation. The Hon'ble High
Court's nuanced approach in granting leave seeks to strike a delicate balance
between preventing the redundancy of litigation and affording the Defendants a
fair opportunity to contest jurisdiction.
The Case Law Discussed:
Case Title: The Chocolate Spoon Company Pvt.Ltd Vs Oceanleaf Hospitality
Date of Judgement/Order:08/11/2023
Case No. LEAVE PETITION (L) NO. 25563 OF 2023 IN COMMERCIAL IPR SUIT (L) NO.
24959 OF 2023
Neutral Citation No: N A
Name of Hon'ble Court: Bombay High Court
Name of Hon'ble Judge: R.I.Chagla, HJ
Information and discussion contained herein is being shared in the public
Interest. The same should not be treated as substitute for expert advice as it
is subject to my subjectivity and may contain human errors in perception,
interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman
, IP Adjutor - Patent and
Email: [email protected]
, Ph no: 9990389539