← Library
Madras High CourtA/1350/2022allowed

Butterfly Gandhimathi Appliances Limited v. M/S.Maya Appliances Private Limited

2022-06-15Honourable Mr Justice Senthilkumar Ramamoorthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 15TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.Nos.1350 and 1806 of 2022 in C.S.(Comm. Suits). No.677 of 2016

1. M/s. Maya Appliances Private Limited No.10/5, Royal Enclave, Besant Avenue, Adyar, Chennai-600020 Also having factory at 3/140, I.T.Highway, Oggiyam, Thoraipakkam, Chennai 600097 Represented by its Authorised signatroy, Mr.E.Mohan (*) 2. Vijaysrinivasan, S/o.Srinivasan C4, Golden Sehombrunn Apartments No.29 Cenotoph Road, 2nd Lane, Teynampet, Chennai 18 (*)3. N.D.Venkatesan, S/o.Damodharan #3/140, I.T.Highway, Oggivam, Thoraipakkam, Chennai600097 (*)(Plaintiff's 2 and 3 impleaded as per order dated 06.10.2016 in Ap.No.5200 to 5203 of 2016) ...Plaintiffs Vs

Butterfly Gandhimathi Appliances Ltd, 143, Pudupakkam Village, Kelambakkam Vandalur Road Kancheepuram District, 603 103 .. Defendants A.Nos.1350 and 1806 of 2022:- Butterfly Gandhimathi Appliances Ltd, 143, Pudupakkam Village, Kelambakkam Vandalur Road Kancheepuram District, 603 103 .. Applicant Vs.

1. M/s. Maya Appliances Private Limited No.10/5, Royal Enclave, Besant Avenue, Adyar, Chennai-600020 Also having factory at 3/140, I.T.Highway, Oggiyam, Thoraipakkam, Chennai 600097 Represented by its Authorised signatroy, Mr.E.Mohan

2. Vijaysrinivasan, S/o.Srinivasan C4, Golden Sehombrunn Apartments No.29 Cenotoph Road, 2nd Lane, Teynampet, Chennai 18

3. N.D.Venkatesan, #3/140, I.T.Highway, Oggivam, Thoraipakkam, Chennai-600097 ... Respondents A.No.1350 of 2022:- Application praying that this Hon'ble Court be pleased to grant leave to file the following additional documents?

S.No.

Date Particulars Nature of Document 1.

27.05.2015 Certified copy of Patent Application under No.5006/CHE/2014 filed by the Plaintiffs Copy 2.

08.04.2016 Certified Trademark Application bearing No.3230307 under Class 11 for the trademark AIR filed by the Plaintiff No.1 Copy 3.

01.06.2016 Legal Proceeding Certificate of Design Registration No.284003 Copy 4.

01.06.2016 Legal Proceeding Certificate of Design No.284005 Copy 5.

01.06.2016 Legal Proceeding Certificate of Design No.284009 Copy 6.

01.06.2016 Legal Proceeding Certificate of Design No.2840011 Copy 7.

25.05.2016 Legal Proceeding Certificate of Design No.283767 Copy 8.

25.05.2016 Legal Proceeding Certificate of Design No.283768 Copy 9.

25.05.2016 Legal Proceeding Certificate of Design No.283769 Copy 10.

1.06.2016 Legal Proceeding Certificate of Design No.284004 Copy 11.

1.06.2016 Legal Proceeding Certificate of Design No.284006 Copy 12.

1.06.2016 Legal Proceeding Certificate of Design No.284008 Copy 13.

1.06.2016 Legal Proceeding Certificate of Design No.284010 Copy 14.

1.06.2016 Legal Proceeding Certificate of Design No.284012 Copy 15.

1.06.2016 Legal Proceeding Certificate of Design No.284013 Copy 16.

28.06.2016 Legal Proceeding Certificate of Design No.284747 Copy 17.

28.06.2016 Legal Proceeding Certificate of Design No.284748 Copy 18.

28.06.2016 Legal Proceeding Certificate of Design No.284749 Copy 19.

07.02.2022 Copy of reply filed by the Copy

Respondents / Plaintiffs along with the request for amending the claim in the Opposition proceedings initiated by Applicant/Defendant in Patent Application under No.5006/CHE/2014.

20.

14.03.2022 Copy of reply filed by the Applicant/Defendant to the request for amendment of claim filed by the Respondent / Plaintiff in the Opposition proceedings initiated by Applicant/Defendant in Patent Application under No.5006/CHE/2014 along with 4 Prior art documents in relation to patent numbers CN201709744U, CN20321574U, US7335861B2, US5402767, and US5139007.

Copy 21.

13.09.2021 Application filed to obtain legal use certificate for Registration Nos.284007, 236190, 261530 & 266852 along with reminders sent to the Controller of Designs by the Defendant Copy 30.11.2021 22.

15.03.2022 Affidavit filed under Section 65 B of the Evidence Act, 1872 Original A.No.1806 of 2022:- Application praying that this Hon'ble Court be pleased to allow the Applicant/Defendant to carry out the amendments set out in the Schedule hereunder, in the Written statement in C.S.No.677 of 2016. These Applications coming on this day before this court for hearing, the court made the following order:- The defendant has presented two applications.

2. A.No.1806 of 2022 is for amendment of the written statement. The applicant states that the plaintiff amended the plaint in the light of a 7th design registration certificate (Design Registration No.264343), which had not been adverted to in the plaint as originally filed. The applicant also states that no documents were filed when the written statement was originally filed and, therefore, it has become necessary to seek amendment of the written statement so as to consolidate the pleadings and bring all relevant documents on record.

3. The respondents/plaintiffs oppose the application for amendment on the ground that an additional written statement was filed after the plaint was amended. In such additional written statement, the plaintiff states that the defendant responded to the amendment by which reference was made to Design Reg.No.264343. The plaintiff further states that the law, as applicable to commercial disputes, does not provide for an application for amendment of the kind prayed for by the defendant.

4. Upon considering the rival contentions and on examining the affidavit and counter affidavit, it appears that the applicant has filed this application largely for the purpose of consolidating the written statement and additional written statement and to bring on record the additional

documents proposed to be relied upon. As long as the pleadings placed on record by the defendant form the frame work for the introduction of the additional documents, no amendment to the pleadings is necessary for such purpose because evidence need not be pleaded. Indeed, if such amendment is permitted, it would protract the proceedings in as much as the plaintiff would seek permission to file further pleadings in response.

5. Turning to the application for leave to file additional documents (A.No.1350 of 2022), the applicant asserts that these documents were produced in course of interim applications. This contention is not controverted by the plaintiff except with regard to documents pertaining to the prosecution of the patent proceedings. The suit is admittedly at the pre-trial stage. In the facts and circumstances, the applicant has established reasonable cause to produce these additional documents subject to the right of the plaintiff to raise objections inter alia on the grounds of admissibility, relevance and proof. The plaintiffs are also permitted to file an affidavit of admission/denial of these additional documents. The plaintiffs state that they are in the process of preparing and filing a response to the written statement and additional written statement.

6. For reasons set out above, A.No.1806 of 2022 is dismissed and A.No.1350 of 2022 is allowed on the above terms.

7. List the matter on 29.06.2022.

Sd./-SKRJ.

15/06/2022 //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 20/06/2022