OKASA PHARMA LTD Vs. LILLY ICOS LIC
HIGH COURT OF DELHI
OKASA PHARMA LTD.
LILLY ICOS LIC
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(1.) This appeal is directed against the judgment and order dated 12.12.2006 passed by the learned single Judge allowing the amendment in paragraph 48(c) of the plaint filed by the respondent.
(2.) The aforesaid suit has been filed by the respondent herein praying for permanent and mandatory injunction against alleged infringement of the registered trademark along with a prayer for rendition of accounts. Written statement is yet to be filed by the appellant. Proceedings are at the initial stage. In spite of the said admitted position, learned counsel for the appellant herein states that the amendment allowing reduction in the value of the suit for the purpose of jurisdiction from Rs.1 crore to Rs.20,00,050/- in respect of prayer for rendition of accounts should not have been allowed. The aforesaid opposition to the amendment is made on the ground that the same is not permissible in view of Section 4 read with Section 28 and Schedule I of the Court Fees Act. In support of the aforesaid submission, learned counsel relied upon decision of this Court in Pfizer Products Inc. v. B.L.& Co. & Ors. (129) 2006 DLT 327.
(3.) The respondent had stated in the amendment application that the suit for relief of rendition of accounts is provisionally valued for the purpose of court fees at Rs.20,00,050/- and court fees of Rs.21,913/- is fixed thereon. However, for the purpose of jurisdiction, the relief of rendition of accounts was valued at Rs.1,00,00,050/- on the basis that the respondent expects that it will be entitled to Rs.1,00,00,000/-. In the amendment application, it was stated by the respondent that at the moment it has no viable means of calculating or estimating the amount of profits they will be entitled to and therefore, for the purpose of jurisdiction the suit for rendition of accounts is sought to be valued at Rs.20,00,050/-.;
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