XERO DEGREES. Vs. FRANKART GLOBAL PRIVATE LIMITED

JUDGEMENT

(1.) This Application was filed by the Plaintiff under Order XI Rule 1(5) read with Sec. 151 of the Code of Civil Procedure, 1908 ("CPC") seeking leave to place on record the following additional documents:

(2.) The learned Counsel for the Plaintiff submitted that by way of the present Application, the Plaintiff seeks to place on record complete WhatsApp communication and other messages exchanged between one of the Partners of the Plaintiff Firm and Defendant No. 2. It is further submitted that the Defendants have selectively filed incomplete WhatsApp chats with mala fide intent to create a false impression that the Plaintiff had consented to the incorporation of Defendant No. 3 and the filing of the Trade Mark Applications, thereby misleading the Court.

(3.) The learned Counsel for the Plaintiff submitted that in order to establish the gross misrepresentation by the Defendants, the Plaintiff traced and retrieved the complete conversation from the relevant mobile device, which was hard to retrieve and was used by the partner of the Plaintiff firm back in the year 2020-21. It is further submitted that the documents sought to be placed on record could not be filed at the time of filing the Replication as the said mobile device was untraceable, however, the Plaintiff filed the said documents as soon as the relevant communications were retrieved.