USHA INTERNATIONAL Vs. USHA TELEVISION LIMITED

JUDGEMENT

(1.) . This appeal is directed against the order dated 23.11.1995 passed in an application for amendment (IA No.442 of 1994) in Suit No. 607 of 1985. The amendment has been declined by the learned Single Judge and this appeal is directed against the said order.

(2.) . Brief facts necessary to dispose of this appeal are recapitulated. The appellants (plaintiffs in suit) have filed a suit for permanent injunction restraining the defendants, its servants and agents from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in television sets and VCRs under the trade mark 'USHA' or from doing any other thing as is likely to pass off the defendant's goods or business as the goods or business of the plaintiffs.

(3.) . The appellants had filed an application of amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure to include the relief of infringement of trademark in a suit for passing off on the registration being granted by the Registrar of Trade Marks. The Hon'ble Single Judge dismissed the application and hence the present appeal. It is submitted that the appellants had acted with due diligence and had filed the application at the earliest on being granted the registration by the Registrar.