Madras High Court(T)(TM) A/3/2024allowed

M/S. Shri Lakha Ram Sharma, Trading As M/S. Kundan Cable India v. M/S. Balar Marketing Pvt Ltd.,

2025-03-25Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY (T)(TM)A.No.3 of 2024 in (T)OP(TM)No.9 of 2024 M/s.Shri Lakha Ram Sharma, Trading as M/s.Kundan Cable India 1/2275, Subhash Marg, Mandoli Road, Ram Nagar, Shahadara, Delhi 110032.

... Applicant vs.

1. M/s.Balar Marketing Pvt. Limited, 2/62, Bhim Gali, Vishwas Nagar, Shahadara, Delhi 110032.

2. M/s.AIPIAI Electrical Trading Co., 141, Govindappa Naichen Street, Chennai-600 079.

3. The Registrar of Trade Marks, Dwarka, New Delhi.

.. Respondents Prayer: Application is filed under Order VI Rule 17 of the CPC Read With Section 92 of the Trade Marks Act, 1999, for amendment of the counter statement in terms of Para No.8 (A-C) of the instant application and to take on record the amended counter statement. 1/4

For Applicant :Mr.M.K.Miglani For R1:Mr.Somnath De for M/s. K.G.Bansal and company For R3:Mr.K.Subbu Ranga Bharathi, CGSC

O R D E R

By this application, the 1st respondent seeks permission to amend the counter statement. The nature of the proposed amendments are set out at paragraph 8 of the application.

2. Learned counsel for the applicant submits that these amendments correspond to documents that the applicant/1st respondent had previously been permitted to place on record. Therefore, he submits that the amendments be permitted and that allowing these amendments does not cause prejudice to the rectification petitioner. He also relies upon the judgment of the Delhi High Court in MD. Islamuddin v. S.S.Kapoor, 2022/DHC/004587.

3. In response, learned counsel for the rectification petitioner submits that the application may be allowed subject to the right of the rectification petitioner to file a rejoinder along with supporting documents, if necessary.

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4. The rectification petition is at the pre-trial stage. Upon examining the proposed amendments and on considering the submissions in relation thereto, this application is liable to be allowed subject to the right of the rectification petitioner to file a rejoinder along with supporting documents, if necessary.

5. Accordingly, the application is allowed on the terms indicated above. Consequently, the applicant/1st respondent shall carry out amendments in the counter statement on or before 07.04.2025. The rectification petitioner is permitted to file a rejoinder within three weeks from today.

25.03.2025 kj (1/2) To The Registrar of Trade Marks, Dwarka, New Delhi.

SENTHILKUMAR RAMAMOORTHY,J.

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Kj (T)(TM)A.No.3 of 2024 in (T)OP(TM)No.9 of 2024 25.03.2025 (1/2) 4/4