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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Dhanvarsha Oil Mills Pvt. Ltd., Through Director Vinod Mittal – Appellant
Versus
Hari Industries (Hari Oil Mill), Through Partner/Manager/Authorized Signatory – Respondent
JUDGMENT :
SAMEER JAIN, J.
In S.B. Civil Misc. Application No. 01/2023
1. The instant application has been moved under the provisions of Order XLI Rule 27 of CPC for placing additional documents on record, by the non-appellant/applicant.
2. In compliance with the directions laid down in the ratio of Iqbal Ahmed (Dead) through LRs vs. Abdul Shukoor reported in 2025 INSC 1027, and with the consent of learned counsel for the respective parties, the application has been taken up for consideration and is being decided prior to entering into the merits of the case.
3. Upon a perusal of the material available on record and having heard the submissions advanced by the learned counsel appearing for and on behalf of the respective parties, this Court is not inclined to allow the said application, and permit placing of additional documents on record, at this stage, for the reasons noted ad infra:
3.1 That the instant application has been moved in the year 2023 and the instant appeal was admitted way back in the year 2016.
3.2 That Order XLI, Rule 27 of the Civil Procedure Code establishes that parties cannot introduce new evidence in an appellate court as a matter of right; and it is only upon the d
The appellant's prior use of the trade mark 'Shriphal' and the effect of non-renewal of trade mark registration were central to the court's decision.
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The main legal point established in the judgment is the protection of trademarks and prevention of passing off, based on prior adoption, continuous commercial user, goodwill, and deceptive similarity....
The importance of placing all facts before the court for dispensing justice and the disentitlement to relief due to deliberate omission of placing a counterstatement on record.
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