JUDGMENT (Oral)

CM(M)-IPD 11/2023

1. This is a petition under Article 227 of the Constitution of India, assailing the order dated 3 October 2017 passed by the learned Additional District Judge ("the learned ADJ"), rejecting an application filed by the petitioner, as the plaintiff in CS 58859/2016 (Star India Private Limited v. M/s Akuate Internet Services Private Limited & Anr.) under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC), to amend the plaint by enhancing the damages sought. The plaint initially claimed damages of Rs.50 lakhs. Thereafter, the plaintiff sought to enhance the damages claimed to Rs.2,01,00,000/-. Paras 1 to 3 of the application filed by the petitioner under Order VI Rule 17 of the CPC read thus:

"1. That the Plaintiffs have filed the present suit praying inter alia for permanent injunction Against the Defendant No.1, rendition of accounts of profits, damages, etc. and the same is pending before this Hon'ble Court. The contents of the plaint are not repeated herein for the sake of brevity. The Plaintiffs, however, crave leave to treat the contents of the plaint as part of the present application. The matter is coming up on 07.04.2016 for framing of i