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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(OS) No.985/2004

SOCIETE DES PRODUCTS NESTLE, S.A. & ANR ..... Plaintiffs

Through

Mr.Manish K. Mishra, Adv. with

Mr.Waseem Shuaib Ahmed, Adv.

versus

ESSAR INDUSTRIES & ORS

..... Defendants

Through

Mr.Amit Jain, Adv. with

Ms.Babita & Mr.Neeraj, Advs.

CORAM:

HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (ORAL)

I.A. No.25814/2015 (u/o VI R.17 CPC, by plaintiffs)

1.

This is an application filed by the plaintiffs under Order VI Rule

17 read with Section 151 CPC for amendment of the plaint. The

plaintiffs wish to enhance the valuation of the suit for the purposes of

Court fee and jurisdiction from Rs.20,05,400/- to Rs.1,00,05,400/-.

2.

The plaintiffs have filed the suit for permanent injunction

restraining passing off, rendition of accounts of profits, delivery up

against the defendants.

3.

It is stated in the application that the plaintiffs were not required

to specify the value of the intellectual property right earlier. But in

view of the Commercial Courts Ordinance, the “specified value” of the

intellectual property right, subject matter of the suit becomes

determinative of whether the suit would or would not be governed by

the Commercial Courts Ordinance. Therefore, it is essential for the

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plaintiffs to amend the plaint to include the plea pertaining to the

market value of its intangible intellectual property right subject matter

of the suit which is in excess of Rs.1 crore. In view of the said

reasons, the plaintiffs seek to amend the paragraph 9, 18, 21(iii) and

22 (iii) of the plaint, the details of which are given in para 7 of the

application.

4.

Copy of the abovementioned application was served to the other

side on 3^rd December, 2015 (also through courier on 15^th December,

2015). No reply was filed on behalf of the defendants. Learned

counsel for the defendants has orally opposed the prayer of this

application without reply.

5.

This Court has already dealt with the issue of amendment in the

case of Jiva Institute of Vedic Science & Culture & Ors. v. The

Indian Hotels Company Ltd. & Anr., being CS(OS) No.1960/2006,

decided on 4^th December, 2015, has dealt with the same aspect.

Paragraphs 6 to 12 of the said order read as under:

“6.

In the present application, it is stated by the

plaintiffs that at the time of filing of the suit, the same was

valued for the relief of rendition of accounts at Rs.25 lac and

the ad-valorem Court fee was paid. The plaintiffs at that

time had also undertaken to pay the requisite Court fee on

the account of the defendants being liable to pay in excess

of the amount of Rs.25 lac. Learned Senior counsel for the

plaintiffs submits that since the plaintiffs have re-assessed

the damages likely to be served, therefore, the relief for

rendition of accounts is likely to assess at Rs.1 crore in view

of the statement of accounts produced by the defendants.

Therefore, the plaintiffs wish to amend para 59 as well as

prayer clause (b) of the plaint by enhancing the pecuniary

jurisdiction for the reliefs of rendition of accounts/damages

from Rs.25 lac to Rs.1 crore.

7. Learned Senior counsel for the plaintiffs submits that

the present suit is not required to be transferred in view of

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the Proviso to Section 7 of the Commercial Courts,

Commercial Division and Commercial Appellate Division of

High Courts Ordinance, 2015.

Section 7 and the First Proviso to Section 7 of the Ordinance

read as under:

“All suits and applications relating to commercial

Court.”

8.

Learned Senior counsel has also pointed out the

order dated 3^rd December, 2015 passed by the Division

Bench in writ petitions being W.P.(C) No.11035/2015, titled

as Vifor (International) Limited v. The High Court of

Delhi and W.P.(C) No.11043/2015, titled as Asian Patent

Association (Indian Group) v. Registrar General