Travellers Exchange Corporation Ltd. v. Mittal Travelx

1/2 6- ia-01-2019 in comipl 1030-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1 OF 2020 IN COMMERCIAL IP SUIT (L) NO. 1030 OF 2019 Travellers Exchange Corporation Ltd. .... Applicant/Plaintiff

Versus

M/s. Mittal Travelx .... Defendant ...........

Ms Mahima Sinha a/w Raghav Ginodia, Karmanya Dev Sharma for Applicant/Plaintiff.

Ms. Kiran Doiphode for Defendant Nos.1 and 3. CORAM :

S.C. GUPTE, J.

DATE :

29 JANUARY 2020 P.C. :

.

This interim application seeks amendment of the plaint in a commercial I.P. suit. The schedule of amendments includes particulars of some of the events or circumstances which are reflected in the original plaint and substitution of some exhibits with consequential amendments.

2.

The suit is at the lodging stage and not numbered yet. In the premises, without any notice to the Defendant, the interim application can be conveniently allowed and the Plaintiff allowed to amend the plaint. The interim application is accordingly allowed in Shinde H.R.

2/2 6- ia-01-2019 in comipl 1030-2019.odt terms of prayer clause (a). Amendment to be carried out within two weeks. Reverification is dispensed with.

3.

Interim Application No.01 of 2019, which is not on board, seeks interim orders pending the hearing of the commercial suit. Learned counsel for the Plaintiff applies for circulation of this interim application for ad-interim relief. Interim Application No.01 of 2019 be accordingly circulated on 1 February 2020 for ad-interim relief. ( S. C. GUPTE, J. ) Shinde H.R.