FinTree Education Pvt Ltd, which runs finance education courses and registered the trademark “FINTREE” in 2012 for its services, sued Fintree Finance Pvt Ltd in 2019 for copying the same name on its finance business and asked for an immediate stop order.
The defendant opposed the injunction. In 2021 the plaintiffs added a passing-off claim by amending the plaint (allowed in 2023), but later realised some supporting documents and a clear prayer for passing off in the injunction motion were missing. In 2025 they filed this second amendment application to add fresh documents (updated registration, new invoices, client reviews, website screenshots, branch proofs) and clarify pleadings.
The defendant strongly opposed, arguing six years had passed, most documents were available earlier, the plaintiffs were careless, and the strict disclosure rules of the Commercial Courts Act do not allow late additions without strong reasons.
The judge examined the Commercial Courts Act rules on document disclosure, noted that some documents genuinely came into existence only after the suit or were needed to answer the defendant’s defence, while others were available earlier and could not be added now.
He held that at the pre-trial stage amendments to pleadings should be allowed liberally if they help decide the real dispute without changing its basic nature, and intellectual property cases deserve protection against ongoing infringement. On 20 February 2026 the Bombay High Court partly allowed the application: it permitted the new documents that came into existence later and the clarificatory pleadings/amendments in the plaint and injunction motion for passing off, but rejected the older documents that should have been filed earlier; no costs were awarded.
Title: FinTree Education Pvt. Ltd. Vs Fintree Finance Pvt. Ltd.: 20.02.2026:Commercial IP Suit No. 234 of 2021:2026:BHC:OS:5031:BombHC: Arif S. Doctor, H.J..
Disclaimer: Do not treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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