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1998 Supreme(Del) 311

VIJENDER JAIN, VUENDER JAIN
WOCK HARDT VETERINARY – Appellant
Versus
RAJ MEDICO – Respondent


Advocates Appeared:
Ajay Sawhney

Vijender Jain, J.

( 1 ) PLAINTIFF has filed this suit for permanent injunction, infringement of copyright and passing off. The relief is valued at Rs. 200. 00 for the purpose of court free and jurisdiction and court fee of the amount of Rs. 20. 00 has been affixed. However, for the relief of rendition of account of profits, it is valued at Rs. 200. 00 for court fee and Rs. 5 lakh for purpose of jurisdiction. Paragraph 23 (c) of plaintiff is : -

(C) For an order for rendition of accounts of profits illegally earned by the defendants, it is valued at Rs. 200. 00 for purposes of Court fee and thje requisite amount of Court fee has been affixed. This relief is valued at Rs. 5,50,00. 00 for the purpose of jurisdiction, as the plaintiff estimates that such an amount shall be found due to the plaintiff on accounts being rendered.

( 2 ) AT the outset this Court look objection that the Court fee paid on the plaint was arbitrary, whimsical and without basis as nothing has been averred in the whole plaint regarding the profits illegally earned by the defendant or approximation of the sale conducted by the defendants. Not even a whisper in the plaint has been made regarding damages being suffer




















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