ASPIRATION MEDIA PRIVATE LIMITED Vs. MURALI MOHAN RAVI

JUDGEMENT

(1.) Aggrieved by the order, dated 11.02.2019, passed in I.A.No.1100 of 2018 in O.S.No.642 of 2013 on the file of the X-Additional Chief Judge, City Civil Court, Hyderabad, wherein an application filed by the 1st respondent/plaintiff, under Order VI Rule 17 of C.P.C., seeking amendment of plaint by inserting the word 'infringement' before the word 'passing off trade mark' in the respective paragraphs of the plaint and also in the prayer portion, was allowed, the present Civil Revision Petition is filed by the petitioners/defendants 1 and 2 under Article 227 of the Constitution of India.

(2.) The brief facts of the case are that the 1st respondent/plaintiff filed O.S.No.642 of 2013 for perpetual injunction restraining passing off trade mark, damages, rendition of accounts etc. During pendency of the suit, the 1st respondent filed I.A.No.1100 of 2018 seeking amendment of the plaint on the ground that after filing of the suit, the trade mark i.e., "Tollywood" has been registered with the Government of India with effect from 24.01.2013 and valid up to 24.01.2023. In view of getting a registered trade mark, the 1st respondent/plaintiff by way of this amendment seeks injunction against the defendants in the suit restraining infringement of the said registered trademark. The respondents/defendants filed counter contending that the application seeking amendment of the plaint has been filed at the stage of trial and as such the said application is misconceived and misconstrued and prayed to dismiss the said application.

(3.) After considering the rival submissions made by the learned Counsel on either side, the learned X-Additional Chief Judge, City Civil Court, Hyderabad, allowed the said I.A.No.1100 of 2018. Challenging the same, the present Civil Revision Petition has been filed by the petitioners/defendant Nos.1 and 2.