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IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA
Sabu Trade Pvt Ltd. – Appellant
Versus
Raj Kumar Sabu – Respondent
| Table of Content |
|---|
| 1. ownership of the mark 'sachamoti' is disputed. (Para 1 , 2 , 3 , 4 , 6) |
| 2. submissions relate to the validity of pleadings and amendments. (Para 15 , 19 , 20 , 21) |
| 3. criteria for amendments under order vi rule 17 cpc are established. (Para 24 , 25 , 56 , 79) |
| 4. interrogatories sought relate to relevant matters in dispute. (Para 55 , 60 , 61 , 62 , 63 , 72) |
| 5. orders for amendments, interrogatories, and additional documents. (Para 97 , 99 , 101 , 102) |
JUDGMENT :
TEJAS KARIA, J.
INTRODUCTION :
1. The core controversy between the Parties in CS(COMM) 97/2020 (“Suit”) and CS(COMM) 761/2016 (“Connected Suit”) is about the proprietorship, adoption and use of the Mark ‘SACHAMOTI’ in relation to Sabudana and allied edible products.
FACTUAL BACKGROUND:
2. The Suit earlier numbered as OS No. 148 of 2016 and filed before the District Court, Salem by Sabu Trade Private Limited against Mr. Rajkumar Sabu (“Rajkumar Sabu”) and AVMH Corporation i.e., Defendant Nos. 1 and 2, respectively, was transferred to this Court by the Supreme Court vide common order dated 18.07.2019 passed in Transfer Petition (C) Nos. 1676 of 2017, 1328 of 2018 and Civil Appeal Nos. 5644-5645 of 2019.
3. It is the c
The court allowed amendments to clarify allegations of fiduciary breaches while rejecting proposed sales figures as mere clerical errors, emphasizing the need for clarity in legal pleadings.
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The main legal point established in the judgment is that the purpose of providing the procedure of discovery by interrogatories in the CPC is to shorten the litigation, enable a party to obtain an ad....
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