Matrimony Com Limited v. Rakesh Tripathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY in C.S.(COMM. DIV) No.38 of 2023 Matrimony.com Limited, Represented by its Authorised Signatory and Vice President - Legal, Mr.Krishnan K, TVH Beliciaa Towers, Tower 2, 5th Floor, No.94, MRC Nagar, Mandaveli, Chennai - 600 028.

... Applicant / Plaintiff Vs.

1. Rakesh Tripathi, Trading as www.elitematrimoybureau.com, Having its registered place of business at Housing No.97B, Second Floor, Arjun Nagar, S.O.Safdarjung Enclave, South-West, Delhi - 110 029.

Also at:

AB-1, Kamal Cinema Complex, Safdarjung Enclave, New Delhi - 110 029, India.

2. Sycoriaan Matrimonial Services Limited, Ab-1 Kamal Cinema Complex, Safdarjung Enclave, New Delhi - 110 029.

... Respondents / Defendants PRAYER: Application filed under Order XIV Rule 8 of OS Rules read with Order XI Rule 1(5) of Civil Procedure Code, 1908, as amended by the Commercial Courts Act, 2015 to allow the applicant / plaintiff to file the documents mentioned hereinunder as 'Schedule A' that are related to Application No.4380561 under Class 45 as alleged by the second respondent / defendant in its written statement dated 22.06.2023. For Applicant : Ms.Reshma Rajagopal For Respondents : Ms.Aiswarya Ganesh for Mr.Rajesh Ramanathan

O R D E R

The suit at the pre-trial stage and even issues have not been framed. This application is presented by the plaintiff for leave to file the documents described in the Judges' summons.

2. Learned counsel for the plaintiff submits that all these documents relate to a trademark application of the second defendant. She further submits that these facts were disclosed by the second defendant in course of the present suit.

3. In response, learned counsel for the defendants submits that these documents are not germane to the suit claim.

4. In effect, the objection of the second defendant is solely on the ground of relevance. A decision with regard to relevance may be taken at the stage of final disposal. Therefore, in view of the second defendant having been impleaded subsequently, reasonable cause is shown to file these documents subject to the right of the defendants to file an affidavit of admission / denial in respect thereof and raise objections, inter alia, on the grounds of admissibility, relevance and proof in course of trial.

5. This application is allowed on the above terms. 09.06.2025 (1/2) vji Speaking Order: Yes / No Index : Yes / No NCC : Yes / No

SENTHILKUMAR RAMAMOORTHY, J.

vji in C.S.(COMM. DIV) No.38 of 2023 09.06.2025 (1/2)