The High Court allowed an application to amend the cause title to correct the defendant's address in a trade mark infringement suit, conditioning the order on the applicants paying costs for delay.
Amendment of the short and long cause title allowed on condition of payment of Rs. 10,000 costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 28TH DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.No.2497 of 2021 in C.S.No.681 of 2011
-Versus-
Hotel Aachis 38a, School Road, Dindigul – 624 001. : Respondent/Defendant
Application praying that this Hon'ble Court be pleased to amend the short cause title and long cause title of the Defendant, in the plaint as Hotel Aachis, No.18, Thiruvalluvar Salai, Opp.Bus Stand, Dindigul – 624 001 and also in the statement of addresses as Hotel Aachis, No.18, Thiruvalluvar Salai, Opp.Bus Stand, Dindigul – 624 001 in C.S.No.(Comm.Div.) No.681
This Application coming on this day before this court for hearing in
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the presence of Ms.Hemalatha for M/s. C.Daniel and Gladys Daniel,
Advocates for the Applicants herein and Mr.Shenbagaraman for M/s.
S.Rajasekaran, Advocates for the respondent herein and upon reading the judges summons and the affidavit of A.D.Padmasingh Isaac, and the counter affidavit of V.Parvathi filed herein, It is ordered as follows:
That the applicants/plaintiffs herein shall pay a sum of Rs.10,000/(Rupees Ten thousand only) as costs to the counsel for the defendants on or before 11.08.2021.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28th DAY OF JULY 2021.
Sd./-
ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.
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SK
05.08.2021
A.No.2497 of 2021 in C.S.No.681 of 2011
ORDER :-
DATED:28.07.2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 05.08.2021
APPROVED ON: 09.08.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 28TH DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.No.2497 of 2021 in C.S.No.681 of 2011
-Versus-
Hotel Aachis 38a, School Road, Dindigul – 624 001. : Respondent/Defendant
Application praying that this Hon'ble Court be pleased to amend the short cause title and long cause title of the Defendant, in the plaint as Hotel Aachis, No.18, Thiruvalluvar Salai, Opp.Bus Stand, Dindigul – 624 001 and also in the statement of addresses as Hotel Aachis, No.18, Thiruvalluvar
Salai, Opp.Bus Stand, Dindigul – 624 001 in C.S.No.(Comm.Div.) No.681
This Application coming on this day before this court for hearing The
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court made the following order:-
These two applications have been filed seeking amendment of the short cause title and long cause title in the suit. The amendments sought for pertain to the correction of the address of the defendants in the cause title. The fact that the defendants are carrying on business in Dindigul Town is not in dispute. No doubt the defendants, even in the written statements had pointed out that the address given in the suit is not correct, but the suit summons were served on the defendants at the said address and the defendants are filed Vakalat and also prosecuted the suit.
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or before 11.08.2021.
Post on 12.08.2021 for compliance.
Sd./-(R.S.M.J.,)
28.07.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the applicants could amend the cause title to correct the defendant's address.
A.D. Padmasingh Isaac
M/s. Aachi Masala Foods (P) Ltd.
Hotel Aachis
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
