BANYAN TREE HOLDING (P) LIMITED Vs. JAMSHYAD SETHNA

JUDGEMENT

(1.) By this order I propose to decide two applications of the plaintiff being I.A. No.300/2013 and I.A. No.3756/2014 under Order VI Rule 17 read with Section 151 CPC for amendment of the plaint.

(2.) The plaintiff had filed the present suit for passing off, unfair competition, dilution of trademark, rendition of accounts of profit, delivery up, damages, etc against the defendant in the year 2007.

(3.) Plaintiff filed an application being I.A. No.15722/2009 for amendment of plaint on 2nd December, 2009 to bring on record the factum of registration of trademark No.1254023 in favour of the plaintiff and incorporate the prayer for infringement of trademark. This application was withdrawn by the plaintiff with the liberty to file fresh application along with deed of assignment executed on 22nd May, 2006, which was allegedly placed on record under the list of documents dated 1st November, 2009 but could not be located in Court at the time of hearing when the said application was withdrawn.