AMRISH AGARWAL Vs. VENUS HOME APPLIANCES PVT. LTD

JUDGEMENT

(1.) Allowed, subject to all just exceptions. Application is disposed of. CM (M) 1059/2018 and CM APPLs. 36516-17/2018

(2.) The present petition has been filed challenging order dated 4th August, 2018 by which the ld. Trial Court has taken on record the Legal Proceedings Certificate relating to the trademark 'VENUS'. The objection by the Petitioner/Defendant (hereinafter, 'Defendant') is that the evidence is concluded and the Respondent/Plaintiff (hereinafter, 'Plaintiff') is seeking to file the said documents at the stage of final arguments.

(3.) He relies upon a judgment of a ld. Single Judge of this Court in Gold Rock World v Veejay Lakshmi Engineering Works Ltd. (2008) 149 PLR 40 to argue, that at this belated stage, the document could not have been taken on record. Ld. counsel appearing for the Plaintiff, on a query from this Court states that though the trademark registration was itself not filed at the initial stage, only the renewal certificate was on record and the same was duly exhibited.