AARUMUGAA INDUSTRIES, CHENNAI Vs. MURUGAN METAL AND OTHERS

JUDGEMENT

(1.) The application in A.No.1490 of 2013, has been filed by the applicant/plaintiff under Order XIV, Rule 8 of High Court Original Side Rules and Order VI, Rule 16 and 17 of the Code of Civil Procedure read with Order XIV, Rule 10 (xii) of High Court Original Side Rules, seeking an order to permit the applicant/plaintiff to amend the plaint in C.S.No.496 of 2012 by inserting paragraphs 6A to 6G in the plaint, as detailed in the Judges Summon.

(2.) The applicant/plaintiff has stated that the applicant firm has filed the above suit for the relief of permanent injunction restraining the respondents/defendants, from in any manner infringing with the plaintiffs Registered Trademark "MURUGAN" by using the offending Trade Mark "MURUGAN" or any other Trade Mark or device, which is identical or deceptively similar to or a colourable limitation to that of the applicant's registered trademark and other reliefs.

(3.) The applicant/plaintiff has averred in the affidavit that by oversight some averments required to be made in the plaint has left out and omitted to be made due to oversight and lack of legal knowledge of the applicant, due to which the respondents are taking flimsy defence, as if the averments in the plaint are vague etc. Hence, in order to adjudicate the dispute involved in the above suit, it is just and necessary that the applicant may be permitted to amend the plaint whereby insert paragraphs 6A to 6G in the plaint, as detailed in the accompanying Judges summon. The amendment sought for is formal in nature and only sought for to be made, to state the case of the applicant in the plaint, more effectively and in order to avoid technical objection being raised by the respondents.