Saturday, April 29, 2017

M/S KRBL LIMITED VS BECHER RAGHVJI PATEL & ANR




$~9

*                    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CS(OS) 2045/2006

M/S KRBL LIMITED                                                                      ..... Plaintiff

Through:        Mr. Ajay Amitabh suman, Advocate

versus
BECHER RAGHVJI PATEL & ANR.                          ..... Defendant

Through:      Mr. Bhaskar Tiwari, Advocate

CORAM:

DR. NEERA BHARIHOKE (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R
%                                          10.03.2016

IA No. 13633/2015(under Order VII Rule 14 CPC by plaintiff )

The reply has not been filed. Arguments heard.

List for orders today at 04:00 pm.

DR. NEERA BHARIHOKE (DHJS)

JOINT REGISTRAR (JUDICIAL)
MARCH 10, 2016/hk
Present:         None at 04:00 pm.

IA No. 13633/2015(under Order VII Rule 14 CPC by plaintiff )


1.                 By way of this order, I shall dispose of the present application filed by the plaintiff to place additional documents on record.

2.                 The plaintiff wishes to file copies of bill/s invoices for establishing

the user of plaintiff’s trademark “INDIA GATE” since the year 1993-94.

The reason for non-filing of these documents at the earlier dates/stage is





stated to be that the same were lying scattered in various places of old record of the plaintiff company and the plaintiff took time to collect the same. Plaintiff has prayed for allowing of these documents to be taken on record as the same are relevant and necessary for proper adjudication of the present suit.

3.                 The defendant has not filed any formal reply but has opposed the present application mainly on the ground of delay being caused by the plaintiff and has drawn attention to the fact that it has been more than seven years when the issues were framed in the present suit and the plaintiff has not tendered evidence and has been seeking adjournments on one or the other pretext. It has also been argued that on the same day when the issues were framed, i.e. on 16.12.2008, the interim order was made absolute and that the plaintiff is deliberately causing delay in view of enjoying the interim stay in its favour. The defendant has prayed for dismissal of the present application.

4.                 The submissions made by the learned counsel for defendant is in conformity with the proceedings of the present matter. However, in view of the pleadings made in the plaint I find the documents to be relevant for the purpose of adjudication of the present suit. The documents proposed to be





filed are very old and cannot be manufactured or created by the plaintiff. Even otherwise the taking of the documents on record does not prove them. 5. The trial has yet not commenced. The witnesses of the plaintiff are yet to step into the witness box and the defendant will have the opportunity to cross-examine the witnesses of the plaintiff in respect of these documents as well, in case the application is allowed. The documents are relevant when viewed in the background of the issues framed in the present suit. Though the interim order was made absolute by mutual consent of the parties but that does not exempt the plaintiff from pursuing his action diligently and expeditiously.

6. The defendant has suffered consequent delay. Therefore, in view of observations made herein, the present application is allowed subject to cost of Rs. 10,000/- to be paid by the plaintiff to the defendant.

7. The additional documents filed by the plaintiff are taken on record. Let supplementary affidavit in respect of these documents be filed within three working days from today with advance copy to opposite counsel. List on date fixed for recording of plaintiff’s evidence.

DR. NEERA BHARIHOKE (DHJS)

JOINT REGISTRAR (JUDICIAL)
MARCH 10, 2016/hk



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