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Madras High CourtA/3215/2021allowed

Wipro Enterprises Ltd. v. Zydus Wellness Products Limited And 2 Others

2021-09-302 pages

A.No.3215 of 2021 in C.S.No.23 of 2015 A.No.3215 of 2021 in C.S.No.23 of 2015 R.SUBRAMANIAN, J.

This application has been filed seeking production of secondary evidence, the registered Deed of Assignment dated 16.04.2003 entered into between M/s.Hindustan Lever Ltd. and M/s. Wipro Limited along with appropriate papers filed before the Trademarks Registry.

2. The reason assigned for seeking to introduce secondary evidence was that the original was mis-placed when the Office of the plaintiff was shifted from Sarjapur to Koranmangala in Bangalore. It is seen from the records that this document has been accepted by the Trademarks Registry and the Legal User Certificate has been issued in the name of the present plaintiff. Therefore, the existence of the document or execution of the document can be proved by other means also.

3. Hence, this application is allowed and the applicant is permitted to produce the copy of the document viz., the Assignment Deed dated 16.04.2003 subject to proof and relevancy.

30.09.2021 dsa Page No.:1/2 https://www.mhc.tn.gov.in/judis/

A.No.3215 of 2021 in C.S.No.23 of 2015 R.SUBRAMANIAN,J.

dsa A.No.3215 of 2021 in C.S.No.23 of 2015 30.09.2021 Page No.:2/2 https://www.mhc.tn.gov.in/judis/