L G VARADARAJULU Vs. MAHARAJA WHITELINE

JUDGEMENT

(1.) THIS is an application filed by the plaintiffs/applicants praying for the amendment of the cause title in the suit by amending the name of the defendant, which is "Maharaja Whiteline" by substituting with "Asiatic Engineers Private Limited". The applicants have instituted the suit for the relief of passing off, marketing or offering for sale or advertisement of their product "MAHARAJA WHITELINE" which is a flagrant copy of the applicants'design of table top wet grinder and for other reliefs.

(2.) ON the basis of the particulars given in the advertisements and relevant documents, the plaintiff/applicants impleaded M/s. Maharaja Whiteline as defendant in this suit. However, the applicants came to know through the counsel for the defendant by the letter dated 28-8-1999 that Maharaja Whiteline is only a trade mark whereas the corporate name of the defendant is Asiatic Engineers Private Limited. Hence, this application for amendment of cause title.

(3.) ON going through the records and after having heard the submissions made by the counsel for the parties, I am of the view that showing the defendant's name as Maharaja Whiteline is purely a mistake and it shall be amended by substituting with Asiatic Engineers Private Limited to meet the ends of justice.