The main legal point established in the judgment is the court's consideration of the principles for allowing amendments to pleadings, including avoiding injustice to the other side, avoiding multiplicity of proceedings, and not allowing amendments that deprive the other party of a valuable right.

ANIL KUMAR, J.

( 1 ) THIS order shall dispose of plaintiff's application under Order 6 rule 17 read with section 151 of the Code of Civil procedure seeking amendment to the plaint.

( 2 ) THE plaintiff has filed this suit for injunction against the defendant seeking a restraint from manufacturing, selling, advertising, marketing or in any other manner whatsoever using PIFER, PIFOL or PIFSER or any other mark or name which is deceptively or confusingly similar to the plaintiff's trade mark and name PFIZER, either as a trademark or as the corporate or trade name or trading style, or part of a trademark, corporate name, trade name or trading style, as the case may be, or in any other manner whatsoever infringing the registered trademark PFIZER of the plaintiff or passing off its goods or business as and for the goods and business of the plaintiff. The plaintiff also sought a decree for mandatory injunction seeking the direction that the defendant should recall all the products and marketing, promotional and advertising material (including the web site at www. piferpharma. com) that bear or incorporate the offending marks/name PIFER, PIFOL or PIFSER and for a rendition of accounts and costs of the suit.

( 3 ) IN the plaint filed by the plaintiff it was categorically contended that recently it was brought to the attention of the plaintiff that the defendant is carrying on business under the name and style of Pifer pharmaceuticals Pvt. Ltd. and selling its products under the trade mark PIFOL and PIFSER. The plaintiff also contended that a search on the Internet disclosed that the defendant has a web site at www. piferpharma. com and the word pifer has been written in a manner to take an unfair advantage of the goodwill and reputation of the plaintiff. The plaintiff also categorically contended that though the defendant is claiming to be in business since October 1994, the plaintiff believes that this is an exaggerated claim, as otherwise plaintiff would have acquired knowledge of the defendant had he been in business.

( 4 ) IN paragraph 26 of the plaint the plaintiff categorically contended that it recently came to know of the defendant's activities and filed the plaint on 5th April, 2005. Along with the plaint, the plaintiff also filed an application for an interim injunction and and ex parte injunction order in terms of prayer A and B made in the application which are as under: "a. the Defendant, its directors, principles, proprietor, partners, officers, employees, agents, distributors, franchisees, representatives and assigns be restrained by an ad interim ex-parte temporary injunction from manufacturing, selling, advertising, marketing or in any other manner whatsoever using PIFER, pifol or PIFSER or any other mark or name which is deceptively or confusingly similar to the Plaintiff's trade mark and name PFIZER, either as a trade mark or as a corporate or trade name or trading style, or part of a trade mark, corporate name, trade name or trading style, as the case may be, or in any other manner whatsoever infringing the registered trade mark PFIZER of the Plaintiff or passing off its goods or business as and for the goods and business of the plaintiff;

B. The Defendant including its directors, agents, representatives and assigns be ordered to forthwith, recall all the products and marketing, promotional and advertising materials (including the website at www. piferpharma. com) that bear or incorporate the offending marks/name PIFER, PIFOL or PIFSER which have been manufactured, distributed, sold or shipped by it, as the case may be, and to reimburse all customers from which said materials are recalled and to deliver to the Plaintiff's attorneys or representatives for destruction all products, labels, signs, prints, packages, moulds, plates, dies, wrappers, receptacles, and advertisements in its possession or under its control, bearing the PIFER, pifol or PIFSER marks or any other trade mark similar to PFIZER. "

( 5 ) THE defend