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Jurisdictional Challenges with Respect to Leave under Clause XII of Letters Patent

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' jurisdictional concerns.

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 Trademark Attorney
Email: [email protected], Ph no: 9990389539

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