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2008 Supreme(Del) 83

SHIV NARAYAN DHINGRA
FATS Inc. – Appellant
Versus
Zen Technologies Limited – Respondent


Advocates appeared
For Appellant/Petitioner/Plaintiff: C. Mohan Rao, Adv.
For Respondents/Defendant: Harish Malhotra, Sr. Adv. and N. Mahabir, Adv.

ORDER

Shiv Narayan Dhingra, J.

I.A. Nos. 5621/2007 and is No. 8308/2007

1. Defendant filed is No. 5621 of 2007 Order 7 Rule 14(3) read with Section 151 CPC to file additional documents. The defendant filed an affidavit by way of evidence on 16th March 2007. Along with the said affidavit, the defendant filed few more additional documents which it is contended could not be filed by the defendant at the time of filing written statement. The second is being No. 8308 of 2007 for similar relief was filed.

.2. In is No. 5621 of 2007, it is stated that the defendant be allowed to file certificate issued by the statutory auditor showing the sales figures of the defendant Company i.r.o ZEN iFATS and research and development expenses for all products, original invoices and documents showing participation of the defendant in the Exhibitions, documents under which defendant sent its subsystem for exhibition, e-mails received from organizers of exhibition showing that the plaintiff and defendant had participated in the same exhibition, in order to prove that the plaintiff was very well aware of the defendants using the trademark. It is submitted that the plaintiffs has, for the first time, filed














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