FDC INDIA Vs. FDC LIMITED

JUDGEMENT

(1.) Present appeal has been filed challenging the order dtd. 24/3/2021 passed by the learned Single Judge of this Court in CS(COMM) 300/2020, whereby the application being I.A. 6945/2021 filed under Order VI Rule 17 CPC has been allowed and the Respondent-plaintiff has been permitted to amend the plaint.

(2.) Learned counsel for the appellant-defendant states that by way of the amendment application, the Respondent-Plaintiff had sought to amend para 19 of the plaint to reflect the correct status of its trademarks. He states that the Respondent-Plaintiff in the said application states that it had inadvertently pleaded in the plaint that its trademarks were registered when in fact the applications for registration of the marks being Applications No.1200579 and 1200578, were pending before the trademark registry. He further states that an interim injunction vide order dtd. 5/8/2020 was granted in favour of the plaintiff on the basis of the averments in the unamended plaint.

(3.) He states that the learned Single Judge has erroneously held in the impugned order that vide the application for amendment, the Respondent-Plaintiff merely seeks to correct a factual mistake when in fact the alleged factual mistakes had been presented as truth before the predecessor learned Single Judge that led to the grant of the ad-interim injunction dtd. 5/8/2020 against the Appellant.