Ttk Prestige Limited v. Mr Kailashkumar Punmaji Mali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.Nos.263 & 264 of 2025 in C.S.(Comm.Div.) No.289 of 2023 Ttk Prestige Limited 1st Floor 91 Santhome High Road Santhome Chennai 600028 represented by its Authorized Signatory Mr G Ramesh Babu ... Applicant -vsMr Kailashkumar Punmaji Mali 1st Floor 91 Santhome High Road Santhome Chennai 600028 represented by its Authorized Signatory Mr G Ramesh BabuTrading as M/s.Click Home Appliances, Shree Narayan Industrial Estate, Gala No.7/8, Billal Pada G Palghar, Vasai Virar, Maharashtra 401 208.

... Respondent For Applicant : Ms.Shruthi Srinivasan for Mr.Arun C.Mohan For Respondent : Mr.S.Kannan **********

ORDER

The applicant / plaintiff seeks permission to file the documents mentioned in Annexure A, and to mark the same in course of examination in chief. All the documents are legal user certificates relating to trade marks referred to in the suit and the original petition and copyright registration certificates.

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SENTHILKUMAR RAMAMOORTHY,J rna

2. Learned counsel for the contesting respondent / defendant submits that the said respondent also intends to file an application for leave to file additional documents.

3. Given the nature of the documents and the fact that the relevant trade mark registrations were referred to in the corresponding suit and rectification petition, the application for permission to file the additional documents is liable to be allowed. However, as regards permission to mark the documents in course of the examination in chief, the same would be subject to the contesting respondent's right to file an affidavit of admission / denial in respect of these documents and raise objections in course of trial.

4. Accordingly, these applications are disposed of on the following terms:

(i) The applicant is granted leave to file the additional documents described in Annexure A.

(ii) The above is subject to the right of the contesting 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. 18.02.2025 (1/2) rna A.Nos.263 & 264 of 2025 in C.S.(Comm.Div.) No.289 of 2023 2/2 https://www.mhc.tn.gov.in/judis