Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 26TH DAY OF AUGUST 2019 / 4TH BHADRA, 1941 Tr.P(C).No.206 OF 2019 OS 7/2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, THIRUVANANTHAPURAM PETITIONER: M/S.FOCAL IMAGE LTD 5 GIFFARD COURT, MILLBROOK STREET, NORTHAMPTON NN5 5JF, UNITED KINGDOM. REPRESENTED HEREIN BY THE POWER OF ATTORNEY HOLDER, UDAYASANKAR, AGED 46, S/O. DINAKARAN NAIR, RESIDING AT CHAITHANYA JOTHI, CHITTAZHA, VATTAPARA P.O., THIRUVANANTHAPURAM - 695 028
BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SMT.P.PARVATHY SMT.SURYA P SHAJI SRI.U.M.HASSAN RESPONDENTS: 1 M/S.FOCAL IMAGE INDIA PVT LTD IV/369, B-H RIVER VALLEY CAMPUS, MEPPUKANDA, MALAYANKIL VILLAGE, THIRUVANANTHAPURAM - 695 571 2 C.V.RADHAKRISHNAN, AGED 62 YEARS S/O. K. VASUDEVAN, RESIDING AT JWRA 34, JAGATHY, THIRUVANANTHAPURAM - 695 014 3 C.V.RAJAGOPAL, AGED 56 YEARS S/O K. KASUDEVAN, RESIDING AT SRA 34C, ARAPURA ROAD, ELLIPODE, VATTIYOORKAVU, THIRUVANANTHAPURAM - 695 013 R3 BY ADV. SRI.P.ABRAHAM CHERIAN R3 BY ADV. SRI.AJITH VISWANATHAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petitioner herein has approached this Court with a prayer to transfer O.S.No.7 of 2014 pending before the file of the District and Sessions Court-VI, Thiruvananthapuram to District and Sessions Court-V, Thiruvananthapuram.
2. Notice was served on the respondent, who appeared and
opposed the application. It is seen that, O.S.No.7 of 2014 is a suit for declaration of copyright and other reliefs. It is sought to be tried in the Court where O.S.No.9 of 2016 is pending. O.S.No.9 of 2016 is a suit filed by the respondent herein seeking permanent prohibitory injunction on the basis of passing off under 134 and 135 of the Trade Marks Act 1999.
3. Learned counsel for the respondent opposed the application
contending that, both the matters are under different statutes and joint trial cannot be ordered. Since I am considering only the issue between the parties and I feel that, it will be convenient, if both the suits are tried by the same Court, I am inclined to allow the transfer petition. However, it is made clear that, it is for the transferee court to decide whether the matter to be jointly tried or not. Transfer petition is allowed as follows:
(i) O.S.No.7 of 2014 now pending before the District and Sessions Court-VI, Thiruvananthapuram (Fast Track Court-II, Thiruvananthapuram) will stand transferred to District and Sessions Court-V, Thiruvananthapuram (Fast Track Court - I, Thiruvananthapuram)
(ii) District and Sessions Court-VI, Thiruvananthapuram will transmit the entire files to District and Sessions Court-V, Thiruvananthapuram.
(iii) Both sides shall appear before the District
and Sessions Court-V, Thiruvananthapuram on 26.09.2019 without any further order. If the respondent remains absent there, court below shall issue notice to the respondent.
Sd/- SUNIL THOMAS Sbna JUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE PLAINT FILED AS O.S.NO. 7 OF 2014 PENDING BEFORE THE HON'BLE DISTRICT AND SESSIONS COURT - VI, THIRUVANANTHAPURAM (FAST TRACK COURT - II, THIRUVANANTHAPURAM) ANNEXURE A2 TRUE COPY OF THE PLAINT FILED AS O.S.NO.9 OF 2016 BEFORE THE HON'BLE DISTRICT AND SESSIONS COURT - V, THIRUVANANTHAPURAM (FAST TRACK COURT - 1, THIRUVANANTHAPURAM) ANNEXURE A3 TRUE COPY OF THE POWER OF ATTORNEY