Asia Match Company Pvt.Ltd v. P.Sundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (TM)A No. 24 of 2025 in (T)OP(TM) No. 1 of 2024 Asia Match Company Pvt. Ltd., Boopathy Building, No.116(17/A), Virudhunagar Road, Sivakasi - 626 123.

... Applicant -vs1. P.Sundaram No.46, Bharathiyar Street, Pichanoor Post, Gudiyattam 632 602.

2. The Registrar of Trade Marks, Trade Marks Registry, Intellectual Property Office Building, GST Road, Guindy, Chennai-600 032.

... Respondents Prayer : Application is filed under Order XIV Rule 8 of the Madras High Court O.S. Rules Read With Order XI Rule 1(5) and Section 151 of C.P.C., 1908 as amended by the Commercial Courts Act to permit the applicant to file the schedule mentioned documents as additional documents in the present petition in (T)OP(TM)No.1 of 2024.

For Applicant : Mr.N.C.Vishal 1/4

for Mr.K.Premchandar For R1 : Mr.Arun C.Mohan For R2 : Mr.R.Subramanian, CGSC

ORDER

By this application, the rectification petitioner seeks permission to rely on the documents described in the schedule to the Judge's summons. The first document is the Copyright Registration Certificate in respect of the artistic work "Chavi Deluxe". The second document is the legal use certificate relating to Trade Mark No.5199853. In the affidavit in support of the application, it is stated that the filing of these documents is necessitated by events subsequent to the filing of the rectification petition.

2. Learned counsel for the contesting respondent strongly opposes this application both on the ground that the said documents are not relevant and on the ground that reasonable cause is not shown for the belated filing thereof.

3. Upon considering the reasons set out in the affidavit and being 2/4

satisfied that reasonable cause is shown, this application is allowed subject to the right of the contesting respondent 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. 17.06.2025 kj (1/2) To The Registrar of Trade Marks, Trade Marks Registry, Intellectual Property Office Building, GST Road, Guindy, Chennai-600 032.

3/4

SENTHILKUMAR RAMAMOORTHY,J kj (TM)A No. 24 of 2025 in (T)OP(TM) No. 1 of 2024 17.06.2025 (1/2) 4/4