Allowed

Butterfly Gandhimathi Appliances Limited v. M/s.Maya Appliances Private Limited

Madras HC15 Jun 2022A/1350/2022

Case brief

AI extract

What is this about?

The Madras High Court considered two applications filed by the defendant in a commercial suit. In one, the defendant sought to amend the written statement to add references to patent and design documents; in the other, the defendant sought leave to file additional documents including patent opposition replies and affidavits.

What did the court decide?

Leave to file additional documents (A.No.1350 of 2022) allowed; application to amend written statement (A.No.1806 of 2022) dismissed.

Butterfly Gandhimathi Appliances Limited Vs… — Contract and Commercial Disputes | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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WEDNESDAY, THE 15TH DAY OF JUNE 2022

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THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

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A.Nos.1350 and 1806 of 2022 in C.S.(Comm. Suits). No.677 of 2016

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M/s. Maya Appliances Private Limited No.10/5, Royal Enclave, Besant Avenue, Adyar, Chennai-600020 Also having factory at 3/140, I.T.Highway, Oggiyam, Thoraipakkam, Chennai 600097 Represented by its Authorised signatroy, Mr.E.Mohan

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(*) 2. Vijaysrinivasan, S/o.Srinivasan C4, Golden Sehombrunn Apartments No.29 Cenotoph Road, 2nd Lane, Teynampet, Chennai 18

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(*)3. N.D.Venkatesan, S/o.Damodharan #3/140, I.T.Highway, Oggivam, Thoraipakkam, Chennai600097

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(*)(Plaintiff's 2 and 3 impleaded as per order dated 06.10.2016 in Ap.No.5200 to 5203 of 2016) ...Plaintiffs

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https://hcservices.ecourts.gov.in/hcservices/

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Butterfly Gandhimathi Appliances Ltd, 143, Pudupakkam Village, Kelambakkam Vandalur Road Kancheepuram District, 603 103 .. Defendants

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A.Nos.1350 and 1806 of 2022:-

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Butterfly Gandhimathi Appliances Ltd, 143, Pudupakkam Village, Kelambakkam Vandalur Road Kancheepuram District, 603 103 .. Applicant

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Vs.

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M/s. Maya Appliances Private Limited No.10/5, Royal Enclave, Besant Avenue, Adyar, Chennai-600020 Also having factory at 3/140, I.T.Highway, Oggiyam, Thoraipakkam, Chennai 600097 Represented by its Authorised signatroy, Mr.E.Mohan 2. Vijaysrinivasan, S/o.Srinivasan C4, Golden Sehombrunn Apartments No.29 Cenotoph Road, 2nd Lane, Teynampet, Chennai 18 3. N.D.Venkatesan, #3/140, I.T.Highway, Oggivam, Thoraipakkam, Chennai-600097 ... Respondents A.No.1350 of 2022:-

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Application praying that this Hon'ble Court be pleased to grant leave to file the following additional documents?

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https://hcservices.ecourts.gov.in/hcservices/

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*S.No.*	*Date*		*Particulars*	*Nature of Document*
1.	27.05.2015	Certifie under the Plai	d copy of Patent Applicat No.5006/CHE/2014 filed ntiffs	ion by Copy
2.	08.04.2016	Certifie bearing for the Plaintif	d Trademark Applicat No.3230307 under Class trademark AIR filed by f No.1	ion 11 the Copy
3.	01.06.2016	Legal Design	Proceeding Certificate Registration No.284003	of Copy
4.	01.06.2016	Legal Design	Proceeding Certificate No.284005	of Copy
5.	01.06.2016	Legal Design	Proceeding Certificate No.284009	of Copy
6.	01.06.2016	Legal Design	Proceeding Certificate No.2840011	of Copy
7.	25.05.2016	Legal Design	Proceeding Certificate No.283767	of Copy
8.	25.05.2016	Legal Design	Proceeding Certificate No.283768	of Copy
9.	25.05.2016	Legal Design	Proceeding Certificate No.283769	of Copy
10.	1.06.2016	Legal Design	Proceeding Certificate No.284004	of Copy
11.	1.06.2016	Legal Design	Proceeding Certificate No.284006	of Copy
12.	1.06.2016	Legal Design	Proceeding Certificate No.284008	of Copy
13.	1.06.2016	Legal Design	Proceeding Certificate No.284010	of Copy
14.	1.06.2016	Legal Design	Proceeding Certificate No.284012	of Copy
15.	1.06.2016	Legal Design	Proceeding Certificate No.284013	of Copy
16.	28.06.2016	Legal Design	Proceeding Certificate No.284747	of Copy
17.	28.06.2016	Legal Design	Proceeding Certificate No.284748	of Copy
18. urts.gov.in	28.06.2016 /hcservices/	Legal Design	Proceeding Certificate No.284749	of Copy
19.	07.02.2022	Copy	of reply filed by	the Copy

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		Respondents / Plaintiffs along with the request for amending the claim in the Opposition proceedings initiated by Applicant/Defendant in Patent Application under No.5006/CHE/2014.
20.	14.03.2022	Copy of reply filed by the Applicant/Defendant to the request for amendment of claim filed by the Respondent / Plaintiff in the Opposition proceedings initiated by Applicant/Defendant in Patent Application under No.5006/CHE/2014 along with 4 Prior art documents in relation to patent numbers CN201709744U, CN20321574U, US7335861B2, US5402767, and US5139007.	Copy
21.	13.09.2021 30.11.2021	Application filed to obtain legal use certificate for Registration Nos.284007, 236190, 261530 & 266852 along with reminders sent to the Controller of Designs by the Defendant	Copy
22.	15.03.2022	Affidavit filed under Section 65 B of the Evidence Act, 1872	Original

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A.No.1806 of 2022:-

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Application praying that this Hon'ble Court be pleased to allow the

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Applicant/Defendant to carry out the amendments set out in the Schedule hereunder, in the Written statement in C.S.No.677 of 2016.

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These Applications coming on this day before this court for

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hearing, the court made the following order:-

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The defendant has presented two applications.

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https://hcservices.ecourts.gov.in/hcservices/

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A.No.1806 of 2022 is for amendment of the written statement.

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The applicant states that the plaintiff amended the plaint in the light of a 7^th design registration certificate (Design Registration No.264343), which had not been adverted to in the plaint as originally filed. The applicant also states that no documents were filed when the written statement was originally filed and, therefore, it has become necessary to seek amendment of the written statement so as to consolidate the pleadings and bring all relevant documents on record.

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The respondents/plaintiffs oppose the application for amendment

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on the ground that an additional written statement was filed after the plaint was amended. In such additional written statement, the plaintiff states that the defendant responded to the amendment by which reference was made to Design Reg.No.264343. The plaintiff further states that the law, as applicable to commercial disputes, does not provide for an application for amendment of the kind prayed for by the defendant.

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Upon considering the rival contentions and on examining the

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affidavit and counter affidavit, it appears that the applicant has filed this application largely for the purpose of consolidating the written statement

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https://hcservices.ecourts.gov.in/hcservices/

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and additional written statement and to bring on record the additional

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documents proposed to be relied upon. As long as the pleadings placed on

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record by the defendant form the frame work for the introduction of the additional documents, no amendment to the pleadings is necessary for such purpose because evidence need not be pleaded. Indeed, if such amendment is permitted, it would protract the proceedings in as much as the plaintiff would seek permission to file further pleadings in response.

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Turning to the application for leave to file additional documents

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(A.No.1350 of 2022), the applicant asserts that these documents were produced in course of interim applications. This contention is not controverted by the plaintiff except with regard to documents pertaining to the prosecution of the patent proceedings. The suit is admittedly at the pre-trial stage. In the facts and circumstances, the applicant has established reasonable cause to produce these additional documents subject to the right of the plaintiff to raise objections inter alia on the grounds of admissibility, relevance and proof. The plaintiffs are also permitted to file an affidavit of admission/denial of these additional documents. The plaintiffs state that they are in the process of preparing and filing a response to the written statement and additional written statement.

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https://hcservices.ecourts.gov.in/hcservices/

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For reasons set out above, A.No.1806 of 2022 is dismissed and

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A.No.1350 of 2022 is allowed on the above terms.

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List the matter on 29.06.2022.

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Sd./-SKRJ.

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15/06/2022

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//Certified to be true copy// Dated at Madras this the day of 2022.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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EVK 20/06/2022

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https://hcservices.ecourts.gov.in/hcservices/

Butterfly Gandhimathi Appliances Limited v. M/s.Maya Appliances Private Limited

Case brief

What is this about?

What did the court decide?

Butterfly Gandhimathi Appliances Limited v. M/s.Maya Appliances Private Limited

Case brief

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