Dharampal Satyapal Foods Limited v. Global Consumer Products Private Limited And Another

A.Nos.2853, 2854 & 2855 of 2024 in C.S.No.565 of 2019 & (TM) A.No.28 & 58 of 2024 & (T) OP (TM) No.429 of 2023 P.B.BALAJI, J.

These applications have been taken out to implead the 2nd plaintiff in C.S.No.565 of 2019; to permit the applicant to amend the plaint as per the schedule mentioned amendment and to permit the applicant to file the schedule mentioned documents as additional documents in C.S.No.565 of 2019.

2.Despite sufficient opportunities granted to the respondent for filing counter affidavit, the respondent has not chosen to file any counter affidavit till date and even today, a request was made only for extension of time to file counter affidavit. Considering the fact that sufficient opportunities have also been given to the respondent to file counter affidavit and also the nature of the present applications, I declined to grant any further time and proceeded to hear Mr.K.Premchandar, learned counsel for the applicant. 3.The short matrix on which applications have come to be filed is that the 1st plaintiff's/respondent name has been changed from Global Consumer Products Private Limited to the Good Stuff Private Limited on 24.01.2022, pending the suit. It is also stated that an Assignment Deed dated

23.10.2023 was entered into between the plaintiff/Company and the applicant for assignment of intellectual property rights, including the suit subject trademark registrations.

4.I do not find any prejudice being caused to the respondent by allowing these applications for the simple reason that consequent to name change of the 1st respondent/plaintiff, it is axiomatic that the 2nd plaintiff has to be impleaded in the suit and necessary amendments are to be permitted in that regard. Equally, the additional documents which are sought to be filed in A.No.2855 are also only pertaining to the change of name and the assignment deed. Therefore, the interest of justice requires that all these applications are ordered to be permitted.

5.All these applications are allowed accordingly. Amendment shall be carried out by the plaintiff and amended copy of the plaint shall be filed within a period of two weeks.

6.Post the suit on 02.08.2024.

09.07.2024 ata P.B.BALAJI, J.,

ata A.Nos.2853, 2854 & 2855 of 2024 in C.S.No.565 of 2019 & (TM) A.No.28 & 58 of 2024 & (T) OP (TM) No.429 of 2023 09.07.2024