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2007 Supreme(Del) 2816

S.N.DHINGRA
Hawkins Cookers Ltd. – Appellant
Versus
Citizen Metal Industries (India) – Respondent


Advocates Appeared:
For the Appellant : Hemant Singh, Sachin Gupta and Dushyant Mahant.
For the Respondent: Shailen Bhatia.

JUDGMENT :

Shiv Narayan Dhingra, J.

By this application under Order 6 Rule 17 the Defendant seeks amendment of the Written Statement. It is stated in the application that there were subsequent facts required to be incorporated in the Written Statement. Since the Plaintiff was allowed to amend the plaint, the amendment in the Written Statement was also necessary to deal with the amended plaint. It is also submitted that incorporation of the amendments was necessary for proper adjudication of controversy. The amendments are sought by the Defendant in paragraphs No. 3 (1) and 4 of preliminary objection and Defendant wants to add two more preliminary objections by adding paragraphs 20 and 21. The Defendant also wants to amend paragraphs Nos. 1, 7, 8, 11, 13, 14, 18, 19, 24, 28 and 29 of reply on merits.

2. The only new fact which Defendant wants to add is given in paragraph 14 of the reply on merits wherein Defendant wants to add that Defendant was holding Design Registration of Pressure Cooker vide Registration No. 190925 in class 07-02 and the registration was valid and subsisting and no suit for infringement was maintainable against a Registered Proprietor. All other amendments sought

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