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2009 Supreme(Guj) 304

K.A.PUJ
Hind Mosaic and Cement Works – Appellant
Versus
Shree Sahjanand Trading Corporation – Respondent


Advocates:
Appearance :
Mr. Unmesh Shukla with Mr. Y.J. Trivedi, for the Applicants.
None, for the Respondent No. 1.
Mr. Pranav S. Trivedi, for the Respondnent No. 2.

Judgment

K.A. Puj, J.—The plaintiffs have filed this Application seeking amendment in the plaint of the Suit as well as in the prayer Clause after Para 24(A) which reads as under—

“The plaintiffs have suffered enormous loss due to the illegal manufacture and sale of the infringing products by the defendant No. 2. At the cost of the plaintiffs the defendant No. 2 is earning profit by effecting illegal sales of infringing products. The sales by the defendant No. 2 has created confusion in the market. The defendant No. 2 is continuing to sell the infringing products even during the pendency of the above suit However the plaintiffs have suffered loss in form of loss of opportunity and enormous expenditure incurred for the purpose of litigation against the defendant No. 2. The plaintiffs are entitled to recover the said cost already incurred by him and future; cost that may be incurred by the plaintiffs for the litigation in future along with compensation for other losses suffered. Now the plaintiffs have got prepared a report by a professional Chartered Accountant who has prepared a report, which gives a loss suffered by the plaintiffs due to the infringement caused by the defendant No.




































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