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JAYANT NATH
Kent Ro SysteLtd – Appellant
Versus
Jaideep Kishnani – Respondent
JUDGMENT
Jayant Nath, J. - This application is filed by the defendants under Order 11 Rule 1 (10) of the Code of Civil Procedure seeking leave of the court to file additional documents.
IA. No.9890/2020
2. It is stated that the present suit was filed in the District Court alleging infringement of plaintiffs design. In view of various grounds and defences taken by the defendants/applicants in the written statement and in view of Section 22 (4) of the Designs Act, 2000, the suit was transferred to this court on 11.02.2019.
3. It is pleaded that under the scheme of the Designs Act, a design registration can be obtained for new or original features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article. It is stated that in the plaint the plaintiffs have nowhere stated what exactly is the novelty claimed in respect of design Nos.262661 & 252225. All that is stated is The product using design No.262661 being octagonal in shape is unique .
4. It is pleaded in the written statement that plaintiff's design Nos.262661 & 252225 are not novel and have be
The judgment established the principle that in a commercial suit, defendants must meticulously comply with the requirements for filing documents, and leave to file new documents after the written sta....
Parties must disclose all relevant documents during pleadings in commercial suits; late submissions require reasonable cause and may not be allowed without justification.
Order XI Rule 1(7) of CPC, as applicable to commercial disputes, casts an obligation on defendant to file all documents in its power, possession, control or custody.
The main legal point established in the judgment is the requirement for the plaintiff to disclose all documents in its power, possession, control or custody, pertaining to the Suit, along with the pl....
The court emphasized the strict adherence to document filing rules in commercial disputes, denying late submission of documents without establishing reasonable cause for prior non-disclosure.
Parties in commercial disputes must timely disclose documents; late submissions require a compelling justification to avoid prejudicing the opposing party.
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
The central legal point established in the judgment is the requirement for the plaintiff to establish 'reasonable cause' for non-disclosure of documents along with the pleadings, as per the provision....
In commercial suits, Order XI mandates strict initial document disclosure; allows post-suit documents without reasonable cause; narrowly permits pre-existing ones only as true response to defendant's....
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