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2009 Supreme(Del) 618

RAJIV SAHAI ENDLAW
Aktiebolaget Volvo – Appellant
Versus
R. Venkatachalam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Praveen Anand, Diva Arora and Tanya Varma, Advs.
For Respondents/Defendant: Amarjeet Singh and Navneet Momi, Advs.

JUDGMENT

Rajiv Sahai Endlaw, J.

1. The question for consideration is, whether it is permissible in law to permit a party to a civil suit to file only photocopy of the document and exempt such party from placing the original document on the file of the court and merely to give inspection thereof to the opposite party at the time of admission/denial of documents and at the time of tendering the document into evidence and to put the Exhibit mark again on photocopy on the file of the court.

2. The plaintiffs in this suit for permanent injunction restraining infringement of trademark passing off etc. and for the ancillary reliefs of damages, delivery etc. have applied to permit the plaintiffs to rely on the photocopies and to produce the originals only for inspection at the time of admission/denial of documents. It is contended that the plaintiffs have filed only copies, as original documents are required in various litigations globally and hence it is not possible to file the original documents in this court.

3. The defendants have contested the application by pleading that the prayer made therein is not maintainable in law; under Order 7 Rule 14 of the CPC the plaintiffs are required


































































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