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2008 Supreme(Del) 820

HIMA KOHLI
ASSOCIA NON FOR INVESTMENT MANAGEMENT AND RESEARCH – Appellant
Versus
INSTITUTE OF CHARTERED FINANCIAL ANALYSTS OF INDIA – Respondent


Counsel for the Parties:
For the Plaintiff:Mr. Sanjay Jain, Senior Advocate with Ms. Latha R. Nair and Mr. Arjun Mitra, Advocates.
For the Defendants No.1:Mr. P. Dubey, Advocate.
For the Defendant No.3:Mr. N.K. Kaul, Sr. Advocate with Mr. Ashim Vachhar, Advocates.
For the Defendants No.4 to 6 :Mr. Sanjeev Narula, Advocate.

JUDGMENT

Hima Kohli, J.:-

This order shall dispose of an application filed by the plaintiffs under Order 6 Rule 17 read with Order 1 Rule 10 and Section 151 of the Code of Civil Procedure (for short CPC) praying inter alia for impleadment of the proposed defendant Nos. 3 to 6 as parties in the suit and for carrying out the consequential formal amendments pursuant thereto.

2. A brief background as to the nature of the dispute between the parties is necessary before proceeding to deal with the aforesaid application.

3. In the year 1997, the plaintiffs instituted the present suit against the defendant Nos. 1 and 2 for permanent injunction restraining passing off, rendition of accounts, etc. Pleadings qua the aforesaid defendants were completed in the year 2002. In view of enhancement of the pecuniary jurisdiction of this Court to above Rs. 20 lacs, the suit was transferred to the District Judge, Delhi vide order dated 13.10.2003. Thereafter, by way of an amendment, the plaintiffs sought enhancement of the valuation of the relief for the purposes of the Court fee and pecuniary jurisdiction to Rs. 25 lacs. The said amendment was allowed and the suit was returned to this Court. The defendan





















































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