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2005 Supreme(Del) 780

SWATANTER KUMAR
INTERNATIONAL TRACTORS LTD – Appellant
Versus
PUNJAB TRACTORS LIMITED – Respondent


Advocates Appeared:
A.DATTA, ATISH DIPANKAR, M.G.RAMA CHANDRA RAO, PRATIBHA M.SINGH, PRAVIN ANAND, SUDHIR CHANDRA AGARWAL, TARUN SINGH

SWATANTER KUMAR, J.

( 1 ) BY this order, I would dispose of two applications IA No. 3205/2005 in CS (OS) No. 301/2003 and ia No. 1637/2005 in CS (OS) No. 470/2004. Both applications are under Order VI Rule 17 of the CPC read with Section 151 of the CPC. IA 3205/2005 was filed by the plaintiff for amendment of the plaint in CS (OS) No. 301/2003 while IA No. 1637/2005 was filed by the same applicant for amendment of the written statement in cs (OS) No. 470/2004. As common arguments have been addressed by the learned counsel appearing for the parties and both these suits are being heard and decided together, it will be appropriate to decide both these applications by a common order.

( 2 ) INTERNATIONAL Tractors Limited filed a suit for permanent injunction restraining Punjab Tractors Limited, their employees and agents etc. from dealing in the tractors, tractor housings or tractor components which are an identical or substantial reproduction of the drawings of CMERI made from time to time in respect of tractors and including those subject matter of CS (OS) No. 858/1999 between the parties in respect of tractors upto 60 HP with the exception of 20 HP tractors and from infringing the co















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