ANI TECHNOLOGIES PVT LTD Vs. DINESH D SHELAR

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 29th July, 2019 by which the amendment application moved by the Respondent - Dinesh D Shelar (hereinafter "Plaintiff") has been allowed subject to payment costs of Rs.50,000/- as costs. The background of the dispute is that the Plaintiff had filed a suit for permanent injunction in respect of its circle logo which it was using in respect of its courier services. It is the case of the Plaintiff that the Petitioner - Defendant (hereinafter 'Defendant') is running its cab service under the trademark 'OLA' along with the logo which is identical/similar to the Plaintiff's logo. During the pendency of the suit, one of the logo marks of the Plaintiff got registered. Thus, the Plaintiff sought to amend and bring the said registration on record. On the issue of permission being granted for bringing the trademark registration on record, no grievance has been raised in this Petition.

(2.) Insofar as the second aspect is concerned, the contentious issue is in respect of the amendment to paragraph 22(k) of the plaint. The said paragraph reads as under:

(3.) The written statement, while dealing with paragraph 22(k) avers as under: