Allowed¶18

Dr Mrs Smita Naram v. Ayushakti Ayurvedic Hospital

Bombay HC9 Dec 2025IA/6593/2025

Case brief

AI extract

What is this about?

Keywords: amendment of plaint; Order VI Rule 17 CPC; addition of defendant; impleadment of proposed Defendant No. 2; cease and desist notice reply dated 14.08.2025; JSR Multispecialty Hospital LLP; correction of clerical errors; pre-trial stage; nature of suit unchanged; Schedules A, B and C; re-verification dispensed; next date 21.01.2026; Commercial IP Suit; Bombay High Court Commercial Division; Justice Sharmila U. Deshmukh; Dr Mrs Smita Naram v. Ayushakti Ayurvedic Hospital; Interim Application No. 6593 of 2025.

What did the court decide?

Interim Application under Order VI, Rule 17 CPC allowed; amendment of the plaint, Interim Application and Leave Petition to be carried out in accordance with Schedules A, B and C within three weeks; re-verification dispensed with; matter stood over to 21.01.2026. ¶18

Dr Mrs Smita Naram vs Ayushakti Ayurvedic Hospital — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the plaint, the Interim Application and the Leave Petition should be amended under Order VI, Rule 17 CPC to correct clerical errors, add proposed Defendant No. 2 (on whose instructions the cease-and-desist notice reply was sent), and bring on record additional parties connected with JSR Multispecialty Hospital LLP learnt of after filing of the suit.

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Court's answer

Since the proceedings are at pre-trial stage and the proposed amendment does not change the nature of the suit, the Interim Application seeking amendment is allowed.

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Ratio / Principle

The amendment is to be carried out in accordance with Schedules A, B and C of the plaint within three weeks from the date of the order, and re-verification is dispensed with.

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Detailed headnote1 paragraphs

Bombay High Court (Commercial Division), Coram: Justice Sharmila U. Deshmukh — In Commercial IP Suit No. 570 of 2025 (Dr Mrs Smita Naram v. Ayushakti Ayurvedic Hospital), the Plaintiff's Interim Application No. 6593 of 2025 under Order VI, Rule 17 of the Code of Civil Procedure, 1908, seeking amendment of the plaint, the Interim Application and the Leave Petition, was allowed. The amendment sought to (i) add proposed Defendant No. 2, identified because the Defendant's attorney's reply dated 14.08.2025 to the Plaintiff's cease-and-desist notice showed the notice was sent on the proposed Defendant's instructions; (ii) bring on record parties connected with JSR Multispecialty Hospital LLP, whose partners appear connected with and responsible for the management and operation of the Defendant; and (iii) correct certain clerical errors. As the proceedings were at pre-trial stage and the amendment did not change the nature of the suit, the Court permitted the amendment to be carried out in accordance with Schedules A, B and C of the plaint within three weeks, dispensed with re-verification, and listed the matter for 21.01.2026.

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38-IA-6593-2025.doc

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

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INTERIM APPLICATION NO. 6593 OF 2025 IN

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COMMERCIAL IP SUIT NO. 570 OF 2025

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Dr Mrs Smita Naram ...Applicant/ Plaintiff

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Versus

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Ayushakti Ayurvedic Hospital ...Respondent

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Mr. Anand Mohan a/w Mr. Ritik Gupta i/b Ms. Suvarna Joshi, Advocate for the Applicant/Plaintiff.

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——————

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CORAM : SHARMILA U. DESHMUKH, J. DATE : DECEMBER 24, 2025

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P. C. :

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1. At the outset, Mr. Mohan, learned counsel appearing for the Plaintiff tenders the affidavit of service evidencing service upon Defendants as well as the proposed Defendant. The same is taken on record.

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2. The Interim Application has been preferred under Order VI, Rule 17 of Code of Civil Procedure, 1908 seeking amendment of the plaint, Interim Application and the Leave Petition. Mr. Mohan, learned counsel appearing for the Applicant/ Plaintiff, submits that prior to the filing of the suit, the Plaintiff's attorney had received a reply dated 14.08.2025

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1 of 2

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Chavan

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38-IA-6593-2025.doc

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from the Defendant's attorney in response to the Plaintiff's cease and desist notice which indicate that the notice was sent on the instructions of the proposed Defendant No. 2. Hence, the proposed amendment is for the purpose of adding Defendant No. 2. He would further submit that subsequent to the filing of the plaint, information was received, as regards, one JSR Multispecialty Hospital LLP whose partners appears to be connected with and responsible for the management and operation of the Defendant. He submits that there are certain clerical errors which are also required to be corrected. He has taken this Court through the proposed amendment.

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3. The proceedings are at pre-trial stage. By the proposed amendment, the Plaintiff seeks to correct certain clerical errors and to bring on record additional parties which came to the knowledge of the Plaintiff after filing of the suit and to carry out consequential amendments in the plaint. Considering the nature of the amendment as the same does not change the nature of the suit, the Interim Application is allowed. Amendment to be carried out in accordance with Schedule A, B and C of the plaint. Amendment to be carried out within a period of three weeks from today. Re-verification is dispensed with.

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4. Stand over 21.01.2026.

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[SHARMILA U. DESHMUKH, J.]

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Chavan

Dr Mrs Smita Naram v. Ayushakti Ayurvedic Hospital

Case brief

What is this about?

What did the court decide?

Dr Mrs Smita Naram v. Ayushakti Ayurvedic Hospital

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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