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2018 Supreme(Del) 3192

S.RAVINDRA BHAT, PRATEEK JALAN
NUTAN BATRA – Appellant
Versus
BUNIYAAD ASSOCIATES – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Leena Tuteja, Ms. Diksha Bhati & Mr. Ishaan Chawla, Advs.
For the Respondent: Mr. Ramesh Singh, Standing Counsel GNCTD with Mr.Chirayu Jain & Mr. Nikita Goyal, Advs.

JUDGMENT :

PRATEEK JALAN, J.

1. This appeal is directed against an order dated 09.02.2018 passed by the learned Single Judge in I.A. No. 1650/2018 in C.S.(Comm.) 1464/2016. By the impugned order, the learned Single Judge dismissed the appellant’s application for refund of the entire court fees paid in the suit in terms of Section 16 of the Court-Fees Act, 1870 (hereafter referred to as “the Act”).

2. The appellant filed the suit in question against the respondents claiming infringement of certain intellectual property rights. The paragraph of the plaint dealing with valuation alone is relevant for the purpose of this appeal. It is as follows: -

“That the suit is valued for the purposes of court fee and jurisdiction in the following manner:

(i) For a decree for permanent injunction restraining infringement of trade mark, this relief is valued for purposes of court fee and jurisdiction at Rs. 200 and court fee of Rs. 20/- is affixed hereto;

(ii) For a decree for permanent injunction restraining acts of passing off, this relief is valued for purposes of court fee and jurisdiction at Rs. 200/- and court fee of Rs. 20/- is affixed hereto;

(iii) For a decree of delivery up of infringing brochur






























































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