COCA COLA COMPANY Vs. RAJ TRADE LINKS

JUDGEMENT

(1.) The present Application is filed by Defendant No. 2 under Order XI Rule 10 read with Sec. 151 of the Code of Civil Procedure, 1908 ("CPC") as amended by the Commercial Courts Act, 2015 ("CC Act") for taking on record the Income Tax Returns of Defendant No. 2 for the year 2007-2008 to 2011-2012 ("Additional Documents").

(2.) Plaintiff No. 1 is engaged in the manufacture and sale of concentrates and beverage bases offered for sale in bottles and other containers. Plaintiff No. 1 appoints the bottlers and grants a license to the bottlers to use Plaintiff No. 1's specified trade marks in connection with the manufacture, packaging, distribution and sale of the concentrates and beverage bases in and throughout a territory as defined and described in the respective bottler's agreements.

(3.) Plaintiff No. 2 is an authorized bottler of Plaintiff No. 1 authorized to manufacture, package, distribute and sale specified beverage bases under Plaintiff No. 1's specified trade marks in authorized containers under terms and conditions stipulated in the bottler's agreement. The authorized containers are required to be purchased by authorized bottlers from manufacturers approved by Plaintiff No. 1. The beverage bases bearing Plaintiff No. 1's specified trade marks are packed, distributed and sold in bottles, aluminium cans, cartons and other containers in various sizes and forms by Plaintiff No. 2 under authorization and license of Plaintiff No. 1 within the territory of India.