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Madras High CourtA/5115/2016closed

M/S.Nexmo Inc, v. M/S.Nexmoo Solutions (India)

2017-04-10Honourable Mr Justice K. Kalyanasundaram1 pages

A.No.5115 of 2016 in C.S.No.876 of 2015 K.KALYANASUNDARAM, J., This application has been filed by the applicant, being the defendant, seeking to reject the plaint, under Order VII Rule 11 C.P.C.,

2. This application is filed mainly contending that the respondent / plaintiff has approached this Court with an unclean hands and suppression of material facts under Section 135 of the Trade Marks Act.

3. The grounds raised by the applicant can be decided only after trial. Hence, this application is dismissed, giving liberty to the applicant to raise all the grounds in the main suit.

10.04.2017 r n s http://www.judis.nic.in