HINDUSTAN UNILEVER LIMITED Vs. ANNAPOORNA FOODS

JUDGEMENT

(1.) Appellant is the defendant in the suit. The suit has been filed by the respondents along with two others seeking the following reliefs:

(2.) Pending the suit, the respondents filed an application for amendment seeking rendition of account, which was allowed by the learned single Judge. Challenging the same, the present appeal has been filed.

(3.) Learned counsel appearing for the appellant submitted that the amendment application ought not to have been allowed. It is contrary to Section 135 of the Trade Marks Act, 1999. The principle of Doctrine of Election would certainly come into play. The amendment changes the character of the suit. The pendency of the earlier suit was not taken note of. Though the respondents sought for amendment of valuation, it has been fixed only at Rs.1,000/-. In support of his contention, learned counsel has relied upon the following decisions: