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MANMOHAN, SAURABH BANERJEE
Fdc India (franchise Development Consulting India) – Appellant
Versus
Fdc Limited – Respondent
JUDGMENT
Manmohan, J. (Oral)
CM APPL.13088/2023 (exemption)
Allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
CM APPL.13087/2023 & 13089/2023
Keeping in view the averments in the application, the delay in filing/re-filing the present appeal is condoned.
Accordingly, the application stands disposed of.
FAO(OS) (COMM) 50/2023
1. Present appeal has been filed challenging the order dated 24th March, 2021 passed by the learned Single Judge of this Court in CS(COMM) 300/2020, whereby the application being I.A. 6945/2021 filed under Order VI Rule 17 CPC has been allowed and the Respondent-plaintiff has been permitted to amend the plaint.
2. Learned counsel for the appellant-defendant states that by way of the amendment application, the Respondent-Plaintiff had sought to amend para 19 of the plaint to reflect the correct status of its trademarks. He states that the Respondent-Plaintiff in the said application states that it had inadvertently pleaded in the plaint that its trademarks were registered when in fact the applications for registration of the marks being Applications No.1200579 and 1200578, were pending before the trademark registry. He further st
The court's decision was influenced by the legal soundness of allowing the amendment application and the need to balance equities in considering related applications.
Amendments to a plaint are permissible to correct factual inaccuracies without changing the nature of the case, ensuring proper adjudication without causing undue prejudice to the opposing party.
The court emphasized the necessity for timely decisions on ex parte injunctions, affirming the right of appellants to use trademarks without undue delay.
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.
Availability of alternative effective remedy and the importance of disclosing all relevant facts in legal proceedings
The main legal point established in the judgment is that an amendment application for including averments regarding infringement of registered trademarks may be allowed if it is based on the same cau....
The court emphasized that applications for injunctive relief must be decided together, as one affects the other, ensuring a fair judicial process.
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