RECKITT BENCKISER (INDIA)PRIVATE LIMITED vs SAUSS HOME PRODUCTS PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 13th May, 2025 Judgment pronounced on: 14th August, 2025 I.A. 14723/2023 & I.A. 20814/2023 IN + CS(COMM) 539/2023 RECKITT BENCKISER (INDIA) PRIVATE LIMITED .....Plaintiff Through: Mr. C.M. Lall, Senior Advocate with Ms. Anuradha Salhotra, Ms. Ekta Sarin, Mr. Nikhil Sharma, Ms. Vanshika Arora and Ms. Annanya Mehan, Advocates. versus SAUSS HOME PRODUCTS PRIVATE LIMITED .....Defendant Through: Mr. Gagan Gupta, Senior Advocate with Mr. Arkaj Kumar, Ms. Ramya Aggarwal, Mr. Aakarsh Mishra, Mr. Ishank Jha and Ms. Vaishnavi Bhargava, Advocates. CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. By way of the present judgment, I shall decide I.A. 14723/2023 filed on behalf of the plaintiff under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim injunction and I.A. 20814/2023 filed on behalf of the defendant under Order VII, Rules 10 and 11, CPC seeking return/rejection of plaint. Signature Not Verified Digitally Signed CS(COMM) 539/2023 Page 1 of 17 By:VIVEK MISHRA Signing Date:14.08.2025 15:00:14 I.A. 20814/2023 (u/O VII Rules 10 and 11, CPC) 2. The present application has been filed on behalf of the defendant seeking return/rejection of plaint. 3. The principal ground taken by the defendant is that this Court lacks territorial jurisdiction to adjudicate the present suit on the ground that the plaintiff’s registered office is situated in Haryana. 4. It is submitted that as per Section 134 of the Trade Marks Act, 1999 and/or Section 62 of the Copyright Act, 1957, the plaintiff cannot claim jurisdiction of this Court since it does not carry on business or personally works for gain in Delhi. 5. It is further stated that not only does the defendant not have any offi