Mr.Charanjit Singh Tibb And Jasmit Singh Tibb v. M/S. D Lite Frankie Food Pvt Ltd

(TM)A No.87 of 2024 (T)OP(TM) No.250 of 2023 K.KUMARESH BABU, J.

This application has been filed seeking to permit the petitioner to file and mark documents 1 to 6 listed along with the application.

2. An objection had been made by the learned counsel for the respondent indicating that the documents sought to be taken on record were all available with the applicant even at the time of filing of the suit. He had not adduced any reasons whatsoever to indicate as to why the same had not filed along with the plaint. Hence he would submit that there is no bonafides in the application.

3. I have considered the objection made by the learned counsel for the respondent.

4. The document in serial No.1 is the Trademark Registration Certificate of the applicant. The respondent had not denied the trademark standing in the name of the applicant. Hence I do not find any impediment in accepting the said document. Similarly, the document in serial No.2 is certification of incorporation based upon which the application for amendment had been ordered. Therefore, the said document cannot also be Page No. 1 of 3

seriously objected to by the respondent. With regard to document Nos.3 to 6 the same may be permitted to be admitted subject to prove and relevancy.

5. In fine, the application is ordered and the documents that is to be marked and listed to the schedule to the judges summons are permitted to be marked subject to prove and relevancy.

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K.KUMARESH BABU, J.

Gba (TM)A No.87 of 2024 (T)OP(TM) No.250 of 2023 22.10.2024 Page No. 3 of 3