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Madras High CourtA/311/2022allowed

M/S.Premier Tissues India Ltd. v. M/S.Dolphin Tissues

2022-02-08Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 8TH DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.No. 311 of 2022 in C.S. No.73 of 2021 M/s.Premier Tissues India Ltd., Rep. By its Managing Director G. Krishna Kumar No.41, 1 st Floor, Leelavathi Mansion, th Cross, Margosa Main Road, Malleswaram, Bengaluru, Karnataka - 560 003.

...Plaintiff / Applicant /versus/ M/s.Dolphin Tissues Rep. By Mr.Vijay Sharma, 8/1, Srinivasan Street, K.M.Nagar, Chennai - 600 118.

.. Defendant / Respondent Application praying that this Hon'ble Court be pleased to grant leave to permit the P.W.1 (Plaintiff Witness1) to produce the fourteen documents as additional evidence which is listed herewith and to mark those fourteen documents as Plaintiff's evidence (continuing series) in C.S.(Comm,Div.No.73 of 2021 on the file of this

Hon'ble Court.

This Application coming on this day before this court for hearing, the court made the following order:- This application is filed seeking permission to produce fourteen documents and to exhibit the same through PW1. 2.The applicant states that the suit is for permanent injunction and damages of Rs.1,00,00,000/-. In order to establish the claim for damages, the applicant / plaintiff states that these additional documents are material. By drawing attention to the additional documents, learned counsel for the applicant states that these documents would establish the turnover of the applicant both during the pre-infringement period and the post infringement period. Therefore, it is stated that these documents are relevant and material.

3.Since the documents proposed to be relied upon by the applicant / plaintiff appear to be relevant and material to the claim for damages, this application is

allowed. Consequently, the applicant is permitted to produce and exhibit the documents listed in the schedule to the judges summons. List the matter before the learned Master for recording further evidence on 15.02.2022. Sd./-SKRJ.

08/02/2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 09/02/2022