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DELHI HIGH COURT
JAYANT NATH
Kent Ro. Systems Ltd. – Appellant
Versus
Jaideep Kishnani – Respondent
| Table of Content |
|---|
| 1. application for additional documents (Para 1 , 2) |
| 2. claims of design novelty (Para 3 , 4 , 5) |
| 3. opposition to additional documents (Para 6 , 8 , 9) |
| 4. rules governing document disclosure (Para 10 , 11 , 12 , 13) |
| 5. assessment of reasonable cause (Para 14 , 16) |
| 6. dismissal of the application (Para 17) |
JUDGMENT
Jayant Nath, J. (Oral)
IA. No.9890/2020
1. 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.
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 respe
Parties must disclose all relevant documents during pleadings in commercial suits; late submissions require reasonable cause and may not be allowed without justification.
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....
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....
Parties in commercial disputes must timely disclose documents; late submissions require a compelling justification to avoid prejudicing the opposing party.
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.
(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 court ruled that timely disclosure of evidence is critical under the Commercial Courts Act, and failure to show reasonable cause for delays can result in exclusion of documents at trial.
The onus to prove lack of novelty or originality in a design as a ground of defence against design piracy lies with the defendants, and unsubstantiated claims cannot invalidate the plaintiff's copyri....
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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