Karnataka High Court
Amica Financial Technologies Pvt. Ltd vs Jupiter Capital Pvt. Ltd on 12 March, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2025:KHC:10431
WP No. 6244 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 6244 OF 2025 (GM-CPC)
BETWEEN:
AMICA FINANCIAL TECHNOLOGIES PVT LTD
COMPANY INCORPORATED
UNDER THE COMPANIES ACT 2013
HAVING ITS REGISTERED OFFICE AT
32, 3RD FLOOR, VIRAJ BUILDING
PLOT NO. 124, ABOVE HDFC BANK
SV ROAD, KHAR WEST
MUMBAI- 400 052
THROUGH ITS AUTHORIZED
REPRESENTATIVE MR. RAGHUVARDHAN R.
...PETITIONER
(BY SRI. PRADEEP NAYAK., ADVOCATE)
AND:
JUPITER CAPITAL PVT. LTD.
COMPANY REGISTERED UNDER
Digitally signed by THE COMPANIES ACT, 1956
HEMALATHA A
HAVING ITS REGISTERED OFFICE
Location: HIGH
COURT OF AT PRESTIGE SIGMA, 5TH FLOOR
KARNATAKA NO. 03, VITTAL MALLYA ROAD
BENGALURU-560 025.
...RESPONDENT
(BY SRI.PARINAZ BHARUCHA AND
SRI. KANDARP TRIVEDI., ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED: 19.02.2025 AT
ANNEXURE-A PASSED BY THE LD. LXXXIX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU URBAN
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NC: 2025:KHC:10431
WP No. 6244 of 2025
DISTRICT (CCH -90) DISMISSING I.A.NO.3 FILED BY THE
PETITIONER UNDER ORDER VI RULE 17 OF THE CPC R/W
SECTION 151 OF CPC AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 19.02.2025 passed by the LXXXIX Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.3 filed under Order VI Rule 17 of CPC read with Section 151 of CPC in Com.O.S.No.861/2023, whereby the Trial Court has dismissed the said application with cost.
2. The plaintiff filed the suit for infringement of intellectual property rights. After issuance of suit summons, the defendant appeared through counsel and filed written statement on 03.11.2023. Thereafter, the plaintiff has filed I.A.No.2 on 27.11.2023 under Order VII Rule 14(3) of CPC read with Section 151 of CPC seeking permission for production of documents. The said application came to be allowed on 23.10.2024 and plaintiff -3- NC: 2025:KHC:10431 WP No. 6244 of 2025 was permitted to produce documents. Thereafter, the petitioner-defendant filed I.A.No.3 under Order VI Rule 17 of CPC on 13.12.2024 for amendment of written statement. The Trial Court, by impugned order dated 19.02.2025 has dismissed the said application. Being aggrieved by the said order, the present petition is filed.
3. The learned counsel for the petitioner-defendant has contended that after the defendant has filed the written statement, the plaintiff has filed an application for production of documents. The said application came to be allowed on 23.10.2024. After going through the documents filed along with the application filed by the plaintiff, the defendant wanted to amend the written statement and therefore filed I.A.No.3 for amendment of written statement. He further contended that issues have not been framed by the Trial Court and parties have not led evidence. By allowing the application, it will not cause any prejudice to the plaintiff. The Trial Court has erred in -4- NC: 2025:KHC:10431 WP No. 6244 of 2025 dismissing the application filed by the defendant. Hence, he sought to allow the writ petition.
4. Per contra, the learned counsel for the respondent- plaintiff submits that plaintiff has filed the suit on 01.08.2023. In the plaint itself, it is specifically pleaded regarding the complaint received from the consumers in the year 2021. In the written statement, the petitioner- defendant has also answered the same. Therefore, the question of permitting the defendant to amend the written statement would not serve any purpose. Therefore, the Trial Court has rightly rejected the application.
5. Heard the learned counsel for the parties and perused the writ papers.
6. It is not in dispute that the plaintiff has filed the suit for infringement of intellectual property rights. In the suit itself, it is specifically alleged regarding the complaints, which are filed by the consumers before the Reserved Bank of India in the year 2021. In pursuance of the said -5- NC: 2025:KHC:10431 WP No. 6244 of 2025 pleadings, plaintiff has filed application for production of documents. The said application filed by the plaintiff has been allowed by order dated 23.10.2024 and there is an observation that equal opportunity has to be given to both the parties to put forth their case effectively. After the application filed by the plaintiff came to be allowed, on perusal of the documents filed along with the said application, the defendant wanted to amend the written statement. Hence, he filed I.A.No.3 for amendment of written statement. In the amendment application, he has taken a defence in respect of documents produced by the plaintiff along with the application, which has been allowed by order dated 23.10.2024.
7. In the suit, only the pleadings has been completed, but evidence has not been completed, and issues have not been framed. If the application filed by the defendant is allowed, it will not cause any prejudice to the plaintiff. By filing the amendment application, the defendant is not withdrawing any admission made in the written statement. -6-
NC: 2025:KHC:10431 WP No. 6244 of 2025
8. Under the circumstances and in the interest of justice, this Court is of the opinion that the application filed by the defendant has to be allowed and the impugned order is liable to be set aside. Accordingly, the following order is passed:
ORDER
a) The writ petition is allowed.
b) The order dated 19.02.2025 passed by the LXXXIX Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.3 filed under Order VI Rule 17 of CPC read with Section 151 of CPC in Com.O.S.No.861/2023, is set aside.
c) I.A.No.3 filed by the defendant under Order VI Rule 17 of CPC read with Section 151 of CPC, is allowed.
d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 29