FENNER INDIA LIMITED Vs. SLBROS ENTERPRISES PRIVATE LIMITED

JUDGEMENT

(1.) The appellant M/s Fenner India Ltd. instituted a suit against the respondent M/s Salbros Enterprises Pvt. Ltd. claiming that the respondents were passing-off Fenner's copyright in their logo.

(2.) The relief sought by the Fenner's was for rendition of accounts and injunction. They valued the amount claimed in this suit for unsettled accounts on estimated basis. Suit for unsettled accounts has to be valued in accordance with Rule 4 of the Rules framed under Section 9 of the Suits Valuation Act. Rule 3 covers suits other than those which relate to unsettled accounts. Rule 4 relates to suits for unsettled accounts.

(3.) The nature of passing-off action is such that the relief sought can only be for rendition of accounts of profits made consequent upon the breach of copyright. The owner of copyright asserts his common law right to be compensated for loss of profits in a passing-off action. Only unsettled accounts can be sued for. As the suit has to be for unsettled accounts, as required by the provisions of the Code of Civil Procedure, 1908, an estimate of profits which are likely to be recovered is set out in the plaint itself. For a claim based on unsettled accounts, under Rule 4 aforesaid, the court fee payable is a fixed court fee which is to be paid on the plaint. It is not disputed that originally fixed court fee was paid.