Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S.DOCTOR
FinTree Education Pvt. Ltd. – Appellant
Versus
Fintree Finance Pvt. Ltd. – Respondent
JUDGMENT :
ARIF S. DOCTOR, J.
1. The Applicants, who are the Plaintiffs in the captioned Suit, have filed the present Interim Application under the provisions of Order VI Rule 17 read with Section 151 of the Civil Procedure Code, 1908 (“CPC”), seeking to amend the Plaint as well as Notice of Motion (L) No. 14688 of 2019 by adding additional documents as well as pleadings.
A Brief Background:
2. On 23rd August 2012, Plaintiff No. 2 obtained registration of the mark FINTREE (“the Plaintiffs’ mark”) bearing No. 23845600 in class 41.
3. On 14th June 2019, the Plaintiffs filed the captioned Suit for infringement
/ FINTREE (“the impugned mark”). The Plaintiffs also filed Notice of Motion (L) No. 14688 of 2019 under the provisions of Order XXXIX, Rules 1 and 2 of the CPC, seeking an injunction against the Defendant from using the impugned mark and infringing the registered trade mark of Plaintiff No.2.4. The Defendant, on 3rd September 2019, filed an Affidavit in Reply to the Notice of Motion.
5. Since the Plaint as filed did not contain any prayer for passing off, the Applicant, on 2nd December 2021, filed Interim Application (L) No. 28145 of 2021, seekin
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
Order XI Rule 1(7) of CPC, as applicable to commercial disputes, casts an obligation on defendant to file all documents in its power, possession, control or custody.
The main legal point established in the judgment is the requirement for the plaintiff to disclose all documents in its power, possession, control or custody, pertaining to the Suit, along with the pl....
The court emphasized the strict adherence to document filing rules in commercial disputes, denying late submission of documents without establishing reasonable cause for prior non-disclosure.
Parties in commercial disputes must timely disclose documents; late submissions require a compelling justification to avoid prejudicing the opposing party.
The court permits amendments to pleadings under Order VI Rule 17 of CPC when necessary for complete adjudication, emphasizing a liberal approach and avoiding hyper-technical refusals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
