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DELHI HIGH COURT
NAVIN CHAWLA
Elsevier Ltd. – Appellant
Versus
Alexandra Elbakyan – Respondent
| Table of Content |
|---|
| 1. defendant seeks to amend written statement. (Para 1 , 2) |
| 2. defendant's reliance on supreme court judgments. (Para 3 , 4) |
| 3. plaintiff's opposition to withdrawal of admission. (Para 5 , 6 , 7) |
| 4. court's analysis of admission and amendment. (Para 8 , 11 , 12) |
| 5. supreme court principles regarding amendments. (Para 13 , 14 , 15) |
| 6. court dismisses amendment application. (Para 16 , 17) |
JUDGMENT
Navin Chawla, J. (Oral)
I.A. 8355/2022
1. This application has been filed by the defendant no. 1 seeking amendment in the written statement to the effect that the ownership of the plaintiffs in the copyright is disputed.
2. In the application, it is explained that the occasion of filing of the amendment arose as the plaintiffs had filed certain agreements of assignment in its favour in a sealed cover. These agreements were disclosed to the defendants only pursuant to an order dated 14.01.2022 of this Court. The defendant no.1 is seeking to withdraw its admission to the fact of the plaintiffs being the owner of the copyright in their subject work, and to now dispute such ownership claimed by the plaintiff on the basis of the Assignment Agreements, on the ground that the Assignm
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