M/S. JKM FLORICULTURE LIMITED, REPRESENTED BY ITS AUTHORIZED SIGNATORY Vs. M/S. JAYASILPA FLORITECH LTD., REPRESENTED BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiff against the judgment and decree passed by the learned XIX Addl. City Civil Judge, Bangalore, in O.S. No. 7671/1999 on 17.04.2008 in so far as it relates to the conditions imposed in paragraphs 3 and 4 of the order portion at page -25 of the impugned judgment. Appellant is the plaintiff in the said case and respondent is the defendant in the said suit. Parties will be referred to as plaintiff and defendant.

(2.) THE appellant had filed a suit for recovery of money and the Trial Court has partly decreed the suit. The Trial Court has held that the plaintiff can claim royalty charges after clearing the legal hurdle from De. Rauiter's New Roses International in the Netherlands and NIRP International in France/Italy and this has to be done in a specified period of nine months. The plaintiff, being aggrieved by the said conditions imposed in paragraphs 3 and 4 of the operative portion of the judgment, has filed this appeal.

(3.) THE defendant appeared before the Trial Court and filed written statement. The main defence of the defendant, as could be seen from the written statement is that, it was not liable to pay the royalty charges as it had received a legal notice from one Steenbergen, Advocate, to the effect that one NIRP International is the worldwide owner of all rose varieties with variety denominations beginning with "Pek" and "NIRP" and that no representatives of late Mr. Pekmez including the appellant are entitled to exploit or represent the Pek variety without an explicit permission from NIRP International. On receipt of the said legal notice, the defendant denied its liability to pay royalty charges.