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IN THE
HIGH COURT OF DELHI AT NEW DELHI
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Reserved on: 26th July, 2017
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Pronounced on: 04th August, 2017
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CS(COMM) 929/2016
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KRBL
LTD
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..... Plaintiff
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Through
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Mr.Ajay
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Amitabh
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Suman,
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Mr.Kapil
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Kumar
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Giri,and
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Mr.Vinay
Shukla, Advocates.
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versus
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LAL MAHAL LTD AND ANR
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..... Defendants
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Through
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Mr.Mohan
Vidhani, Advocate.
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CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
OA No.86/2016
1.
This Chamber Appeal is to set
aside order dated 21.03.2016 whereby IA No.201/2016 filed on behalf of
appellant/plaintiff for bringing an additional list of witnesses on record and
summoning 19 more witnesses was dismissed by learned Joint Registrar finding no
justifiable grounds for its not filing the list of witnesses within a period of
two weeks granted by this Court vide order dated 23.02.2015.
2.
Plaintiff says when evidence was
being recorded before the learned local commissioner, during his cross
examination the witness (PW1)
OA No.86/2016 in CS (COMM) No.929/2016 Page 1 of
3
realized the need to bring on record more witnesses
to prove the facts-wrongly denied by the defendant while putting suggestions.
Hence the plaintiff filed an additional list of witnesses but its effort failed
by the impugned order. The learned counsel for defendant however submits that
there is no justifiable ground hence the appeal needs to be rejected.
3.
The plaintiff has filed a list of
witnesses initially. The witnesses now purported to be summoned and examine are
advertising companies, dealers/purchasers of rice & newspaper agencies to
prove the plaintiff have been advertising and selling its products under the
trade mark claimed for long, hence such witnesses are relevant. The interest of
justice shall suffice if the plaintiff is allowed to summon four more witnesses
viz. concerned person from a) Heart Throb Advertising and Marketing Pvt. Ltd;
b) from PHD Chambers of Commerce and Industry; c) from Cleghorn Witton
Surveyors Pvt. Ltd; and d) from Indian Hotels Company Pvt. Ltd. to prove the
invoices/bills etc. Rest of the witnesses are from newspaper offices to prove
newspaper cuttings which may even otherwise be proved by producing newspapers.
4.
In the circumstances, plaintiff
is allowed to bring on record the amended list of witnesses in terms of above,
within a week subject to cost of ₹20,000 payable to the learned counsel for the
defendant for the delay caused and summons those. The local commissioner to
examine the witnesses in a time bound manner.
5.
The OA stands disposed of.
OA No.86/2016 in CS (COMM) No.929/2016 Page 2 of
3
CS(COMM) 929/2016
6.
List before the Local
Commissioner on 10th August, 2017 for further directions.
YOGESH KHANNA, J
AUGUST 04, 2017
DU
OA No.86/2016 in CS (COMM) No.929/2016 Page 3 of
3
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