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C. HARI SHANKAR
Khilender Gupta Trading as M/s. Bobby Enterprises – Appellant
Versus
Rakesh Kumar Trading as M/s. Sai Birbal Das Foods – Respondent
JUDGMENT :
C. Hari Shankar, J.
This is a petition under Article 227 of the Constitution of India, assailing order dated 20th March 2023, passed by the learned District Judge (Commercial) (“the learned Commercial Court”) in CS (Comm) 498/2020.
2. The issue in controversy is brief and no detailed recital of facts is necessary.
3. The present petitioner is the respondent before the learned Commercial Court. CS (Comm) 498/2020 was instituted by the respondent against the petitioner, alleging infringement, by the petitioner, of the respondent's mark BOOM BOOM in relation to chocolates, Aam Papad, Churan Goli, toffee, fruit balls, candies, puffs, Namkeen, spices and confectionery or other allied cognate goods as well as passing off, by the petitioner, of its products as those of the respondent.
4. Consequence to issuance of summons, the petitioner filed a written statement by way of response to the suit. In the written statement, one of the contentions urged by the petitioner was that the mark BOOM BOOM was being used by the petitioner, through his father Budhsen Gupta, as his predecessor
The court emphasized the need to be liberal in allowing amendments to pleadings, especially in written statements, and ensuring that amendments are necessary for determining the real issues in contro....
Amendments under Order VI Rule 17 of CPC are permissible if necessary for proper adjudication, do not change the fundamental nature of the case, and do not prejudice the other party.
The court emphasized that amendments to Written Statements should be allowed liberally, especially when the suit is at an early stage, correcting the Trial Court's misapplication of res judicata prin....
The main legal point established in the judgment is that the discretion to allow amendments should be exercised judiciously, and no application for amendment should be allowed after the trial has com....
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
The defendants violated the rules of pleadings by amending the written statement beyond the scope of law defined in Order VI Rule 16 of CPC. The Court allowed the amended written statement to be take....
Established limits for amending pleadings after trial onset under CPC provisions.
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