GANGTOK, India, June 24 -- Sikkim High Court issued the following judgment/order on June 3:
1. The Petitioner herein, who was the Plaintiff before the Learned Commercial Court, East Sikkim, at Gangtok, filed a Suit for Infringement, Passing off of Trade Mark, Infringement of Copyright, Injunction and other consequential reliefs, under Sections 28(1) and 29 of the Trade Marks Act, 1999, against the Defendant/ Respondent. The Suit was valued at rs 1,00,00,000/- (Rupees one crore) only.
2. The original Plaintiff was the United Spirits Limited (USL). The business was later taken over by the present Petitioner who was thereby transposed as the Plaintiff. After closure of the evidence before the Commercial Court and when the matter was fixed for final arguments, the Petitioner filed a Petition under Order XI Rule 1(5), read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter, "CPC"), dated 28-09-2023, pertaining to disclosure, discovery and inspection of documents in suits, vide which, the Petitioner sought to file the following documents;
(i) Original certificate for use in legal proceedings for the trade mark registrations 296836 dated 12-06-1974; 544357 dated 15-12-1998; 949492 dated 05-01-2004 and 2000458 dated 27-11-2015;
(ii) Certified copy of Design Registration No.216986 dated 03-07-2008;
(iii) C.A. Certificate showing sales incurred by the Plaintiff in respect of brandy under the trade mark Honey Bee; and
(iv) Usership Agreement, dated 01-01-2015, between USL and the Defendant.
The rest of the document can be viewed at https://hcs.gov.in/hcs/hg_orders/201100000312024_8.pdf
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