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Madras High CourtA/230/2025allowed

Saint Gobain India Private Limited v. M/S.Csg Holding Company Ltd

2025-03-06Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.Nos.230 & 231 of 2025 in C.S.No.754 of 2012 Saint Gobain India Private Limited Floor No 7 Sigapi Achi Building 18 3 Rukmini Lakshmipathy Road Egmore Chennai 600 008 Tamil Nadu India ... Applicant -vsM/s.CSG Holding Company Ltd 6th Industry Road, Shenkou, Shenzhen, China and another ... Respondents For Applicant : Mr.Navod Prasannan For Respondents : Ms.Shurthi Srinivasan for M/s.Arun C.Mohan **********

ORDER

By these two applications, the first respondent seeks leave to produce the additional documents described in Schedule-A to the Judge's summons and for permission to rely on secondary evidence in respect of documents listed in paragraph 5 of the affidavit in support of A.No.231 of 2025. SENTHILKUMAR RAMAMOORTHY,J 1/2 https://www.mhc.tn.gov.in/judis

rna

2. As regards the documents forming the subject of A.No.230 of 2025, all these documents are legal user certificates relating to trade marks that have a bearing on the civil suit.

3. Learned counsel for the first respondent / petitioner contends that the application was filed belatedly.

4. As regards A.No.231 of 2025, in the affidavit in support of the application, it is stated that the originals could not be traced. On perusal, the documents are certificates of incorporation, sample brochures, sample invoices and an order of the USPTO. Given the nature of these documents, these applications are liable to be allowed subject to the right of the first respondent to file an affidavit of admission / denial in respect thereof and raise objections inter alia on grounds of admissibility, relevance and proof in course of trial. Therefore, these applications are allowed on the terms indicated above.

06.03.2025 (1/2) rna A.Nos.230 & 231 of 2025 in C.S.No.754 of 2012 2/2 https://www.mhc.tn.gov.in/judis