M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.04.2021 passed by the High Court of Delhi at New Delhi in C. M. (M) No.181 of 2021, by which the High Court has dismissed the said petition preferred by the appellant herein - original plaintiff and has confirmed the order dated 13.11.2019 passed by the learned Commercial Court, dismissing the application filed by the appellant under Order VII Rule 14 (3) of the Code of Civil Procedure (hereinafter referred to as the Code) seeking leave of the court to place additional documents on record, the original plaintiff has preferred the present appeal.
(2.) The appellant herein - original plaintiff filed the commercial suit before the Commercial Court pending in the court of learned Additional District Judge (Central) 10, being T.M. No.123 of 2019 interalia for claiming a decree of permanent injunction against the defendant from using the Trade Mark "INSIGHT ", "INSIGHT ACADEMY ", "INSIGHT IAS ACADEMY " and "INSIGHT PUBLICATIONS ". At this stage, it is to be noted that the appellant filed the earlier suit being Trade Mark Suit No.236 of 2018, claiming such adoption and use of the trademark. However, subsequently the same came to be withdrawn on 27.07.2019, as the same was not filed in conformity with the provisions of the Commercial Courts Act, 2015 (hereinafter referred to as the Commercial Courts Act) and subsequently filed the present suit on 31.08.2019. In the suit it is alleged that the adoption and use of the trademark by it is since 2006. As per the provisions of Order XI Rule 1 applicable to the suits before the commercial division of a High Court or a commercial court, the plaintiff was required to file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint or certain documents including the invoices, were not produced along with the plaint and therefore the appellant herein filed the application under Order VII Rule 14 (3) read with Section 151 of CPC, seeking leave of the court to file additional documents. 2.1 By order dated 13.11.2019, the learned Commercial Court dismissed the said application seeking leave of the court to file additional documents, filed by the appellant. That thereafter the defendant filed the written statement on 06.01.2020. As per Order XI Rule 7 even the defendant was required to file the list of all documents, photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the written statement or with its counter claim, if any. However, some documents were not produced by the defendant along with the written statement and therefore the defendant filed an application under Order XI Rule 1 (10) of the CPC seeking leave of the court to produce additional documents as set out in the said application, however, the commercial court partly rejected the said application vide order dated 08.10.2020. The respondent herein - original defendant preferred an appeal against the order dated 08.10.2020 before the Delhi High Court. The Delhi High Court vide order dated 07.12.2020 allowed the said appeal taking on record all the documents filed by the defendant. That thereafter the learned Commercial Court dismissed the interim injunction application filed under Order XXXIX Rule 1 and 2 of the CPC of the plaintiff vide order dated 16.01.2021. 2.2 That thereafter the appellant herein - original plaintiff filed CM (M) No.181 of 2021 before the High Court of Delhi challenging the order dated 13.11.2019, dismissing the application seeking leave of the court to file additional documents filed by the plaintiff. By the impugned judgment and order, the High Court has dismissed the said CM (M) No. 181 of 2021 and has confirmed the order passed by the learned Commercial Court dismissing the application seeking leave to file additional documents filed by the plaintiff.
(3.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the original plaintiff has preferred the present appeal.;