INTRODUCTION
The very first and perplexing issue that any court of law has to decide before proceeding in any suit is its territorial jurisdiction to adjudicate a particular suit. It becomes more complex when two worlds exist simultaneously i.e. the real world and the virtual world of the internet.
Recently, the Delhi High Court has to decide on the question of territorial jurisdiction in the case of Impresario Entertainment & Hospitality Pvt. Ltd. v. S&D Hospitality. Taking a different view with respect to internet jurisdiction the court held that 'on the basis of a solitary transaction, through internet plaintiff cannot claim that cause of action having arisen at Delhi this Court will have territorial jurisdiction to entertain the suit.'
THE CASE
Impresario Entertainment & Hospitality Pvt. Ltd. (hereinafter referred to as 'the plaintiff') is a company having its registered office in Mumbai and claims to have been carrying on its business in Delhi from 12, Hauz Khas Village, New Delhi-110016 and a restaurant under the name and style of 'SOCIAL'. It further claims to have commenced its business in the year 2001 and adopting the mark 'SOCIAL' with respect to cafes in 2012 and 'STONE WATER GRILL' in 2007 for one of its restaurant located in Pune. It is the registered proprietor of the mark 'SOCIAL' and 'STONE WATER GRILL'.
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