This court granted leave to the first defendant to file additional documents in a suit for infringement and passing off. The plaintiff was permitted to raise objections later in the main trial.
Leave granted to file documents S.Nos.1,2,9-12 as exhibits; plaintiff accorded liberty to raise objections later.
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A.No.5801 of 2023
Application No.5801 of 2023 in C.S.No.669 of 2015
ABDUL QUDDHOSE, J.
This application has been filed seeking for reception of additional documents. The applicant/first defendant has disclosed the documents in the Judges Summons to this application and they are numbered as Sl.Nos.1 to 12.
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A.No.5801 of 2023
filing of this suit and the plaintiff is not a party to any of those documents. However, the learned counsel for the applicant/first defendant would submit that in order to substantiate the first defendant's defence in the suit, the documents referred to in Sl.Nos.1,2 and 9 to 12 are required to be received and marked as exhibits. However, she would also submit that the said documents can be marked as exhibits, subject to its admission, proof and relevancy.
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A.No.5801 of 2023
and permitted to be marked as exhibits, subject to its admission, proof and relevancy, the learned counsel for the first respondent/plaintiff seeks time to file an additional affidavit of admission/denial of documents on behalf of the plaintiff.
Post the matter for filing of the additional affidavit of admission/denial of documents on 28.11.2023.
16.11.2023
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A.No.5801 of 2023
rkm
ABDUL QUDDHOSE, J. rkm
Application No.5801 of 2023 in C.S.No.669 of 2015
16.11.2023
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2 issues framed by the court
Whether to permit the applicant to receive and mark additional documents subsequent to the filing of the suit.
Whether objections raised by the plaintiff regarding the late filing of documents should be resolved in this interim application.
Abdul Quddose
First Defendant/Applicant
First Respondent/Plaintiff
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
