The Indian Performing Rights Society Limited vs Alcon Resort Holdings Limited — Bombay HC (2025) — LawSathi Research

The Indian Performing Rights Society Limited vs Alcon Resort Holdings Limited — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 5443 of 2025 allowed: amendment of plaint permitted to bring on record the subsequent registration and certificate; all rights and contentions of the parties kept open; amendment to be carried out and amended copy served on the Defendants within two weeks; Defendants to file additional written statement within two weeks thereafter; interim application disposed of and matter stood over to 10th December 2025 for directions.

Issue for consideration

Whether the Plaintiff/Applicant should be permitted to amend the plaint to bring on record a subsequent event, namely the registration and certificate obtained after the filing of the suit, and whether re-verification of the amended plaint should be dispensed with.

Court's answer

The interim application is allowed: the amendment seeks to bring on record a subsequent event (registration and certificate obtained after the filing of the suit) and documents which have emanated after the filing of the suit, and all rights and contentions of the parties are expressly kept open.

Ratio / Principle

The amendment is to be carried out and the amended copy served upon the Defendants within two weeks from the date of the order, and the Defendants may file an additional written statement within two weeks thereafter.

Detailed headnote1 paragraphs

Amendment of plaint — subsequent event — In Commercial IP Suit No. 135 of 2014 (The Indian Performing Right Society Ltd. v. Alcon Resort Holdings Limited), the Plaintiff sought leave to amend the plaint on the ground that, after the filing of the suit, it obtained registration and a certificate to that effect, and sought dispensation of re-verification of the amended plaint. The Defendants had no objection subject to their rights and contentions being kept open and liberty to file an additional written statement. Arif S. Doctor, J. allowed Interim Application No. 5443 of 2025, holding that the amendment sought to bring on record a subsequent event and documents which had emanated after the filing of the suit; all rights and contentions of the parties were expressly kept open. The amendment was to be carried out and the amended copy served on the Defendants within two weeks, with the Defendants permitted to file an additional written statement within two weeks thereafter. The matter was stood over to 10th December 2025 for directions.

Digitally signed by MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date: 2025.11.14 10:47:14 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

COMMERCIAL IP SUIT NO. 135 OF 2014

The Indian Performing Right Society Ltd. ...Plaintiff Versus

Alcon Resort Holdings Limited ...Defendant

WITH

INTERIM APPLICATION NO.5443 OF 2025

WITH

NOTICE OF MOTION (L) NO.2508 OF 2013

Mr. Amit Singh a/w Ms Ashlesha Suryawanshi i/b Mr. Mithun Khaire for Plaintiff.

Mr. Shashwat Rai i/b Keystone Partners for Defendant.

CORAM : ARIF S. DOCTOR, J. DATE : 12th NOVEMBER, 2025.

P.C:

INTERIM APPLICATION NO.5443 OF 2025

1 The captioned interim application seeks the following reliefs:

A) Allow the present application of the Applicant and permit the Applicant to carry out amendments in Plaint as set out in Schedule of Amendment annexed as 'Exhibit A ' to the present Interim Application;

B) That Re-Verification of the amended Plaint may please be dispensed with.

C) Such other order/reliefs as the nature and circumstances of the case may require may be passed.

2 Learned Counsel for the Applicant points out that the application has

Meera Jadhav

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been necessitated on the account of the fact that it was after the filing of the suit that the Applicant have been obtained registration and a certificate to this effect has been issued. Learned Counsel for the Defendants submits that he has no objection to the interim application being allowed subject to (i) all rights and contentions of the Defendants being kept open to the Suit and (ii) the Defendants being permitted to file additional written statement.

3 In light of this, given that the amendment seeks to bring on record a subsequent event and documents which have also eminent after the filing of the suit, the interim application is allowed. All rights and contentions of the parties are expressly kept open.

4 Hence, amendment to be carried out and amended copy to be served upon the Defendants within a period of two weeks from today. Defendants to file additional written statement within a period of two weeks thereafter.

5 Interim application accordingly stands disposed of.

6 Stand over to 10th December 2025 , for direction.

[ARIF S. DOCTOR, J.]

Meera Jadhav