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2019 Supreme(Mad) 3403

VINEET KOTHARI, C.SARAVANAN
Quintessential Designs India Pvt. Ltd. – Appellant
Versus
Puma Sports India (Pvt. ) Ltd. – Respondent


Advocates Appeared:
For the Appellant :AR.L. Sundaresan, S.C. for Nithyaesh and Vaibhav, Advocates

JUDGMENT :

Dr. Vineet Kothari, J.

1. The appellant M/s. Quintessential Designs India Pvt. Ltd., is aggrieved by the order dated 29.01.2019 passed by the learned Single Judge during the trial of C.S. No. 215 of 2015 - M/s. Quintessential Designs India Pvt. Ltd. v. Puma Sports India (Pvt.) Ltd. and another in Application Nos. 5585 & 5586 of 2017 filed by plaintiffs/appellants under Order XI, Rule 1 read with Order XVI Rule 1 of CPC, to permit the plaintiffs/applicants to deliver the interrogatories to the respondents to answer and to issue Subpoena to the respondents/defendants.

2. The learned Single Judge however rejected these applications by the common order dated 29.01.2019 giving the following reasons in the said order:

    "52. A thorough examination of rival submissions reveals that plaintiffs are unable to show any, changed circumstances which have changed post 26.09.2016. To go a step further, plaintiffs have not been able to show that there are any changed circumstances after 18.02.2016, i.e., after first order of Hon'ble Division Bench in intra court appeals where time lines were drawn up. To be noted, 'changed circumstances'; necessitating subpoena and interrogatories application

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