Jayeshkumar Mathurbai Patel vs Mukeshbhai Vershibhai Desai on 27 April, 2022
Author: A. P. Thaker
Moving the application- In case either of the parties is desirous of moving any miscellaneous application
viz. amending of pleadings, interim injunction etc. it shall ... hearing- Upon receipt of reply, both the sides shall get the application fixed for disposal in the
Court with the help of Reader
condonation of delay in filing amended written
statement, by Defendants No. 1 and 3)
1. Present application has been preferred on behalf of Defendants ... filing the amended written statement.
2. Present suit has been filed by the Plaintiff seeking a decree of
permanent injunction restraining the Defendants from infringement
contended that the defendants cannot oppose the
impleading application. As regards the application for amendment, learned
senior counsel submitted that the defendants raised objections ... authorised representative. In these circumstances, the
plaintiff presented this application seeking to amend the plaint so as to
correct the description of the plaintiff both
Allow the present application for amending the Impugned
Judgement dated 05.05.2016;
b. Allow the present application to amend Paragraph No. 2 of the
Plaint ... allow the amended Suit for
partition, rendition of accounts and permanent injunction be taken on
record."
45. The same is grossly belated
inter alia
seeking damages and permanent injunction against the plaintiffs for
passing off their packaged drinking water by using the trademark
'Mountain ... filed the amended written statement in August
2006. On 4th October, 2004 the trial court allowed the application
for interim injunction filed by the plaintiffs
inter alia
seeking damages and permanent injunction against the plaintiffs for
passing off their packaged drinking water by using the trademark
'Mountain ... filed the amended written statement in August
2006. On 4th October, 2004 the trial court allowed the application
for interim injunction filed by the plaintiffs
Jawaharlal Nehru Road, Calcutta described schedule 'X'
hereto.
(h) Perpetual injunction restraining the present defendant no.1 and the original and/or each ... plaint in the second suit was amended.
15. On or about August 24, 1984 an application was filed by the plaintiffs in
the second suit
1988]
injunction, by way of seeking addition of Para 4(क) and after
allowing the application for amendment, the amended plaint
was filed
either the
application under Order VII Rule 11 decided or even any attempt was made
for hearing the application for interim injunction, therefore, while ... written statement against the suit and reply to the
application for interim injunction may be reopened by this Court.
6.3 Learned Advocate Mr. Raju would