1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION 105 OF 2010 IN SUIT NO. 129 OF 2010 Essel Propack Ltd. .. Plaintiff V/s Essel Kitchenware Ltd. & Anr. .. Defendants Mr. B.N. Poojari with Ms. Shital M. i/b Asian Patent & Law for the plaintiff. Mr. Amit Jamshandekar i/b Gajria & Co. for defendant no.1. CORAM: D.G. KARNIK, J. DATE : 23/3/2010 P.C. : 1. By this petition, the plaintiff seeks leave under clause 14 of the Letters Patent to file the suit. Clause 14 of the Letters Patent reads thus: “14. Joinder of several causes of action:- And We do further ordain that where plaintiff has several causes of action against defendant, such causes of action not being for land or other immovable property, and the said High Court shall have original 2 jurisdiction in respect of one of such causes of action, it shall be lawful for the said High Court to call on the defendant to show cause why the several causes of action should not be joined together in one suit, and to make such order for trial of the same as to the said High Court shall seem fit.” 2. The plaintiff is required to apply for leave under clause 14 of the Letters Patent if the following conditions are satisfied: (i) If the plaintiff wants to file a suit against the defendant combining several causes of action. (ii) None of the causes of action relates to land or immovable property. (iii) The High Court has an original jurisdiction in respect of one of such causes of action. (iv) The High Court does not have a jurisdiction in respect of other causes of action which are sought to be combined. 3 3. Learned counsel for the plaintiff submits that in the present case, the suit has been filed for infringement of a trademark and also for passing of. He further submits that the High Court has a jurisdiction to try the suit in respect of a trademark as also the suit for passing of. According to the plaintiff, the High Court has a jurisdiction to try the suit in respect of all causes of action which the plaintiff wants to combine in the suit. 4. Without expressing any opinion as to whether the High Court has jurisdiction in respect of all the causes of action and taking the statement of the plaintiff’s counsel at the face value that this Court has jurisdiction to try the suit in respect of all the causes of action combined in the suit, the petition is disposed of. (D.G. KARNIK, J.)