w w w . L a w y e r S e r v i c e s . i n



Indian Agro & Recycled Paper Mills Association v/s Tafcon Projects (India) Pvt. Ltd. (Tafcon) & Others


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- K K R AGRO MILLS PRIVATE LIMITED [Active] CIN = U15311KL2001PTC014801

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- R J PAPER MILLS PRIVATE LIMITED [Active] CIN = U21000MH2003PTC142584

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- J P P MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010491

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- G V G PAPER MILLS PRIVATE LIMITED [Active] CIN = U02101TZ1985PTC006888

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- R P C PAPER MILLS PVT LTD [Active] CIN = U21012KL1993PTC006959

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- A P PAPER MILLS LTD [Active] CIN = U21011CH1993PLC013966

Company & Directors' Information:- A S T PAPER MILLS LIMITED [Active] CIN = U22012PB1993PLC013222

Company & Directors' Information:- V M D MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004822

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- A R C MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004845

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- S AND Y MILLS LIMITED [Not available for efiling] CIN = U17111TZ1994PLC005460

Company & Directors' Information:- D C MILLS PRIVATE LIMITED [Active] CIN = U25199KL1996PTC009988

Company & Directors' Information:- B K PAPER MILLS PVT. LTD. [Active] CIN = U21010MH1970PTC014821

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- R A MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013248

Company & Directors' Information:- V. D. PAPER MILLS PRIVATE LIMITED [Active] CIN = U21098UP2010PTC042677

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- K AND T AGRO MILLS PVT LTD [Active] CIN = U15312KL1994PTC008113

Company & Directors' Information:- D P AGRO MILLS PVT LTD [Active] CIN = U15143WB1992PTC055481

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- P. J. PAPER INDIA LIMITED [Active] CIN = U21098DL2006PLC151012

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- J M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013113

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- M T A MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1989PTC003048

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- P A MILLS INDIA LTD. [Not available for efiling] CIN = U17111TN1990PLC019762

Company & Directors' Information:- J K K PAPER MILLS PRIVATE LIMITED [Active] CIN = U21010TZ2008PTC014615

Company & Directors' Information:- K N M MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1990PTC002702

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S N PAPER MILLS PVT LTD [Active] CIN = U21015PB1995PTC015835

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- S. A. PAPER PRIVATE LIMITED [Active] CIN = U21097WB2009PTC135556

Company & Directors' Information:- V M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011763

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- S M PAPER MILLS PVT LTD [Active] CIN = U21012WB1981PTC033674

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- G R PAPER MILLS LIMITED [Active] CIN = L21015UP1981PLC005409

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- M S M PAPER MILLS LIMITED [Strike Off] CIN = U25209MH1996PLC096961

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- S. S. MILLS PRIVATE LIMITED [Active] CIN = U24231GJ1988PTC010885

Company & Directors' Information:- U P PAPER CORPORATION PRIVATE LIMITED [Active] CIN = U45203WB1945PTC012185

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Active] CIN = U51900MH1999PTC122189

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- TAFCON PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051760

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- INDIAN PROJECTS PVT LTD [Strike Off] CIN = U74210DL1978PTC009208

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- S T PAPER MILLS PVT LTD [Active] CIN = U21011PB1994PTC014921

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- B J S PAPER MILLS PVT LTD [Strike Off] CIN = U21012PB1992PTC012331

Company & Directors' Information:- J B PAPER MILLS LIMITED [Dissolved] CIN = U21093DL1979PLC009868

Company & Directors' Information:- R B MILLS PVT LTD [Active] CIN = U15141AS1949PTC001939

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- S V M PAPER PRIVATE LIMITED [Active] CIN = U21012DL2004PTC124024

Company & Directors' Information:- B N PAPER COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC053155

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- W I AGRO PROJECTS LIMITED [Strike Off] CIN = U01403WB2012PLC188340

Company & Directors' Information:- G D M AGRO PROJECTS LIMITED [Strike Off] CIN = U01400WB2010PLC141769

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- K M PAPER PRIVATE LIMITED [Active] CIN = U21012HP1996PTC017834

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- H A PAPER MILLS PVT LTD [Active] CIN = U21023WB1972PTC028203

Company & Directors' Information:- M M PAPER PRIVATE LIMITED [Active] CIN = U21098WB2009PTC135633

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- S A PAPER MILLS INDIA PRIVATE LIMITED [Strike Off] CIN = U21094TG2014PTC095780

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- T K PAPER MILLS PVT LTD [Strike Off] CIN = U21012PB1980PTC004150

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- T. H. AGRO MILLS PRIVATE LIMITED [Strike Off] CIN = U15135WB2006PTC111918

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- T S PAPER MILLS PRIVATE LIMITED [Active] CIN = U21012PB2003PTC026292

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- B T MILLS PRIVATE LIMITED [Active] CIN = U18101MH1997PTC109479

Company & Directors' Information:- THE INDIAN CORPORATION PRIVATE LIMITED [Active] CIN = U65993TN1946PTC000988

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- T R MILLS PRIVATE LIMITED [Active] CIN = U17111KA1954PTC000799

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- C P PAPER PRIVATE LIMITED [Amalgamated] CIN = U74899DL1994PTC062173

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- J K MILLS LTD [Strike Off] CIN = U17200WB1946PLC013603

Company & Directors' Information:- R J AGRO MILLS PRIVATE LIMITED [Strike Off] CIN = U15310CH1997PTC020710

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Amalgamated] CIN = U18101MH2003PTC138487

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- J J PAPER MILLS PVT LTD [Under Liquidation] CIN = U21013WB1976PTC030835

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S PAPER PRIVATE LIMITED [Strike Off] CIN = U21012RJ1990PTC005366

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- S V R AGRO PROJECTS PRIVATE LIMITED [Active] CIN = U01403TG2010PTC070621

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- H S PAPER MILLS PRIVATE LIMITED [Strike Off] CIN = U21012DL2005PTC135805

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- K 4 P ASSOCIATION [Active] CIN = U01407KL2014NPL037090

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- PAPER INDIA PVT LTD [Strike Off] CIN = U51109WB1957PTC023601

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

Company & Directors' Information:- INDIAN PAPER CORPORATION LIMITED [Dissolved] CIN = U99999MH1943PLC007564

Company & Directors' Information:- PAPER CORPORATION OF INDIA LIMITED [Dissolved] CIN = U99999MH1945PTC004331

Company & Directors' Information:- U P PAPER CORPN PVT LTD [Strike Off] CIN = U21093WB1945PTC012785

    CS(OS). No. 867 of 2011 & IA. Nos. 5692 of2011 & 10538 of 2020

    Decided On, 24 December 2020

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VIBHU BAKHRU

    For the Plaintiff: Ashish Mohan, Akshit Mago, Advocates. For the Defendants: D1, Vivek Kohli, Malvika Jain, Advocates.



Judgment Text

IA No. 3421/20161. The plaintiff has filed the present application under Order VI Rule 17 or the Code of Civil Procedure, 1908, inter alia, seeking to amend the plaint to seek a decree of damages for a sum of Rs.3,00,00,000/- (Rupees Three Crores), being the amount paid by defendant no.3 to defendant no.1 for assignment of the marks “P” and “Paperex”, and a decree of damages amounting to Rs.1,00,00,000/- (Rupees One Crore) on account of dilution of the marks owned by the plaintiff due to allegedly wrongful and illegal acts of defendant no.1. The plaintiff also seeks to extensively amend the plaint to include assertions in support of the aforementioned prayers.2. Defendant no.1 has opposed the application on essentially three grounds. First, that the relief of damages as now sought to be claimed is barred by limitation. The present suit was filed in the month of March 2011 and the above application seeking amendment was filed on 09.03.2016, that is, after a passage of more than five years of filing the suit. It is also pointed out that the amendment is founded on a Memorandum of Understanding dated 02.04.2010, whereby defendant no.1 had assigned the trademarks in question to defendant no.3. The fact that defendant no.1 had done so was in the plaintiff’s knowledge and in any event, the plaintiff had become aware of the same on 02.07.2012 when defendant no.3 had filed an amendment application seeking impleadment in the above captioned suit. Defendant no.1 contends that in the aforesaid circumstances, the present application is barred by limitation and cannot be permitted.3. Second, that the amendments sought are also occasioned by a Memorandum of Understanding dated 14.01.2014, whereby the plaintiff has settled it’s inter se disputes with defendant no.3 and has reduced its understanding in writing. In view of their inter-se settlement, the plaintiff can no longer challenge the registration of the trademarks in question as they stand assigned to defendant no. 3. It is contended on behalf of defendant no.1 that the said MoU is only a commercial agreement between the plaintiff and defendant no.3 for jointly organizing the Paperex events and the same does not provide the plaintiff a fresh cause of action to seek damages that were not sought in the plaint as filed.4. Third, it is claimed that the amendments sought by the plaintiff effectively change the nature of the suit and therefore, cannot be permitted.The context5. The plaintiff has filed the above captioned suit, inter alia, seeking a declaration that the registration of the trademarks “Paperex” and “P” written in the manner shown in the Schedule to the Plaint, as secured by defendant no.1 in its favour is illegal. The plaintiff seeks cancelation of the registrations obtained by defendant no.1 in respect of the aforesaid Trademarks in Class 41/42 vide Application/ Registration No. 1250265. Further, the plaintiff seeks a decree for permanent injunction restraining defendant no.1, its successors, agents, assigns, directors and all other persons claiming through or under it from using or utilizing in any manner the trademarks in question.6. The plaintiff is a Society registered under the provisions of the Societies Registration Act, 1860 and claims that it is an apex association of all paper mills of India and particularly those which are based on non-conventional raw materials.7. It is averred in the plaint that the plaintiff had in the year 1991-92 conceived and conceptualized an initiative to organize an exhibition and a conference for the pulp and paper industry. It claims that its members had decided to hold a conference and an exhibition on a large scale under the banner of “Paperex”. It claims that its members specially commissioned the designing of the “Paperex” logo and symbol for the exhibition to be held by the plaintiff. It is averred in the plaint that the plaintiff decided to involve a professional event management company to give greater publicity to the event for the benefit of the Indian Paper Industry. Defendant no.1 was selected for the said purpose. It is stated that the first conference was organized in the year 1993 by the plaintiff with the professional assistance of defendant no.1 and this was under the caption “Paperex 1993”. It is stated that based on the success of the said event, the plaintiff decided to hold the event on a regular basis and also decided to involve defendant no.1 in organizing the same as a partner event manager. The plaintiff claims that the conference and exhibition “Paperex” continued to remain the event of the plaintiff, and defendant no.1 was involved only for the purposes of organizing it on a professional basis. The said event was organized on a biennial basis in the years 1995, 1997 and 1999 in terms of the Memorandum of Understanding entered into between the plaintiff and defendant no.1. The plaintiff claims that although the Memorandum of Understanding with defendant no.1 expired due to efflux of time, it continued to utilize the professional services of defendant no.1 to organize the subsequent fairs held in the years 2001, 2003 and 2005, under the banner of “Paperex”. The trademarks in question were used in connection with the said conference and exhibition. Accordingly, the plaintiff claims that it is the owner of the said trademarks.8. It is stated that the exhibition and conference organized in the year 2007 – “Paperex 2007” – was also organized with the involvement of defendant no. 1 and at its instance M/s Expo Media was included in organizing the same. This was because defendant no.1 had allegedly represented that Expo Media would be able to secure overseas exhibitors and participants. The exhibition/conference in the year 2009 was also organized in a similar manner – that is, with the assistance of defendant no.1 and with the involvement of Expo Media in the expectation that Expo Media would bring foreign participants.9. M/s Expo Media was not arrayed as a defendant in the suit as initially filed.10. During the course of the proceedings, International Trade and Exhibitions India Private Limited – defendant no.3, filed an application seeking impleadment in the above captioned suit on the ground that its predecessor (India Exhibition Management Private Limited) had acquired the trademarks in question from defendant no.1 in terms of an “Acquisition Agreement” dated 29.08.2005. The said Application (IA 17458/2011) was allowed by an order dated 30.11.2011 and defendant no.3 was added to the array of parties.11. The plaintiff claims that prior to filing of the said application it was not aware that defendant no.1 had assigned the trademarks in question in favour of defendant no.3. Apparently, the plaintiff and defendant no.3 negotiated a settlement and in terms of their mutual understating, entered into a Memorandum of Understanding dated 14.01.2014 recording the terms of their inter-se settlement. Thereafter, the plaintiff filed an application under Order XXIII Rule 1 and 3 of the Code of Civil Procedure, 1908, inter alia, praying that the suit qua defendant no.3 be disposed of as it is settled in terms recorded under the MoU dated 14.01.2014. The plaintiff also sought leave to withdraw the suit qua defendant no.1 with liberty to file a fresh suit seeking damages and rendition of accounts from defendant no.1.12. The said application was allowed by an order dated 24.11.2015 and the plaintiff was granted time to move an appropriate application for “amending the suit with respect to relief of damages”.13. Thereafter, the plaintiff has filed the present application seeking to amend its suit against defendant no.1.Submissions14. Mr. Ashish Mohan, learned counsel appearing for the plaintiff/applicant contended that the present application merely seeks to substitute the prayer for injunction by prayers for a decree of damages. He submitted that in terms of Section 40 of the Specific Relief Act, 1963 (hereafter ‘the Specific Relief Act’), such an application is permissible at any stage of the proceedings. He referred to the decisions of Coordinate Benches of this Court in Dr. D.K. Seth v. Dr. Durga Prasad Ray: CM(M) 806/2017, decided on 01.08.2017 and Jagdish and Ors. v. Har Sarup: (14) 1978 DLT 66 and the decision of the Madras High Court in Hi. Sheet Industries v. Litelon Limited: AIR 2007 Mad 78 in support of his contention.15. Mr. Kohli, learned counsel appearing for defendant no.1 countered the aforesaid submissions. He submitted that the provisions of Section 40 of the Specific Relief Act could not be read in the manner as contended by Mr. Mohan. He submitted that the opening words of Sub-section (1) of Section 40 of the Specific Relief Act curtailed the scope of the said provision to a suit for perpetual injunction under Section 38 or a suit for mandatory injunction under Section 39 of the Specific Relief Act. He submitted that once the prayer for injunction is given up and damages are sought in lieu thereof, it ceases to be a suit for perpetual injunction as contemplated under Sub-section (1) of Section 40 of the Specific Relief Act. He submitted that in view of the above, the words “in substitution for” as used in Sub-section (1) of Section 40 of the Specific Relief Act must be construed to mean in substitution for some prayers as sought in the suit but if such substitution results in giving up the relief of injunction altogether then the same cannot be considered to be included in Section 40(1) of the said Act.16. Mr. Mohan countered the aforesaid submission and submitted that the word ‘substitute’ or ‘substitution’ would necessarily by definition entail giving up the relief of injunction. He relied upon the decision of the Supreme Court in Government of India and Ors. v. Indian Tobacco Association: (2005) 7 SCC 396 in support of his contention.Reasons and Conclusion17. At the outset, it is relevant to observe that there is no dispute that the amendments sought to be introduced by the plaintiff are essentially averments to the effect that defendant no.1 had assigned the trademark in question for consideration of Rs.3 crores. The same is used as a measure of damages suffered by the plaintiff as it claims that it is the proprietor of the trademarks purportedly assigned by defendant no.1 to defendant no.3. The plaint is sought to be amended to introduce averments pertaining to the assignment to the trademarks in question, which according to the plaintiff is an event which came to its knowledge subsequently. Thus, there is no controversy that the averments now sought to be introduced are in support of the claim of damages, which the plaintiff now seeks in lieu of the relief of injunction and cancellation of the registration of the trademarks in favour of defendant no.1.18. Having noted the above, it would be apposite to now address the question whether the amendment sought by the plaintiff falls within the scope of Section 40 of the Specific Relief Act. The said Section is set out below:“40. Damages in lieu of, or in addition to, injunction.-(1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.(2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint:Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.(3) The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.”19. A plain reading of Sub-section (1) of Section 40 clearly indicates that it is open for a plaintiff in a suit for perpetual injunction to claim damages either in addition to, or in substitution for such injunction. The proviso to Sub-section (2) of Section 40 makes it expressly clear that the Court shall allow the plaintiff to amend the suit to claim damages at any stage of the proceedings.20. The language of the proviso to Sub-section (2) of Section 40 of the Specific Relief Act is similarly worded as the proviso to Sub-section (5) of Section 21 of the said Act. The scheme of Section 21 also bears similarity with Section 40 of the Specific Relief Act. The said Section is set out below:“21. Power to award compensation in certain cases - (1) In a suit for a specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance.(2) If, in any such suit, the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly.(3) If, in any such suit, the court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly.(4) In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872.(5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint:PROVIDED that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation.Explanation : The circumstance that the contract has become incapable of specific performance does not preclude the court from exercising the jurisdiction conferred by this section.”21. In Jagdish and Ors. v. Har Sarup(supra), a Coordinate Bench of this Court had held that the proviso to Section 40 of the Specific Relief Act makes it mandatory for the Court to allow an amendment to claim damages in case the same were not claimed. The Court also noted that there was a distinction between the language of Order VI Rule 17 of the Civil Procedure Code and the proviso to Sub-section (2) of Section 40 of the Specific Relief Act. Whereas under Order VI Rule 17, the Court has the discretion to allow or to reject an application for amendment; the proviso to Sub-section (2) makes it mandatory for the Court to allow the same. The Court had noted that whereas Order VI Rule 17 uses the word “may”, in contradistinction, the proviso to Sub-section (2) uses the word “shall”.22. In Jagdish and Ors. v. Har Sarup (supra), the plaintiff (Har Sarup) had instituted an action against the defendants praying for a mandatory injunction for them to restore earth. The lands of the defendants in that case were adjacent to the lands owned by the plaintiff. The defendants while excavating earth from their land had allegedly excavated earth from the part of the plaintiff’s land as well. In this context that the plaintiff sought a mandatory injunction for restoration of earth.23. The Trial Court concluded that the said suit was not maintainable under Section 41(h) of the Specific Relief Act as an equally efficacious remedy of damages was available. Since the plaintiff had not claimed damages in the suit, the suit was dismissed.24. The plaintiff had filed an appeal, inter alia, contending that the Trial Court ought to have afforded the plaintiff an opportunity to amend the plaint to enable it to claim damages in the alternative. The plaintiff had also filed an application for amending the plaint under Order VI Rule 17 of CPC while the matter was before the Appellate Court. The Appellate Court allowed the amendment to the plaint and set aside the judgment and decree rendered by the Trial Court and remanded the matter to it. The defendants filed a second appeal before this Court. This Court dismissed the said appeal and held that the word “proceeding” would also include an appeal that may arise from a suit. Thus, an amendment to the suit could also be permitted at an appellate stage.25. In Hi. Sheet Industries v. Litelon Limited (supra), the Full Bench of the Madras High Court considered the scope of Section 40 of the Specific Relief Act and held as under:“7.02. Specific Relief :(i) A plain reading of Section 40, Sub-section (2) proviso clarifies that the Court shall at any stage of the proceedings allow the plaintiff to amend the plaint on such terms as may be just, provided that no such damages have been claimed.(ii) A combined reading of Sub-section (1) and (2) with proviso clarifies that plaintiff may claim damages in suit for injunction but no relief for damages shall be granted unless the plaintiff has claimed such relief; provided where no such damages have been claimed, the Court SHALL at any STAGE OF THE PROCEEDINGS allow to amend the plaint to claim damages (emphasis supplied).(iii) Thus, it is clear that when the plaintiff has claimed damages in his plaint, he is entitled to do so. When he intends to amend his plaint to claim such damages, where no such damages have been claimed, the Court shall have to permit the plaintiff to amend the plaint at any stage of the proceedings. The word "such damages" means, the specific damages viz., the amount of damages sought to be claimed through the amendment.(iv) The language of Section 40 makes it clear that it is for the plaintiff to claim damages in lieu of injunction. Section 40 clarifies that if the plaintiff does not claim damages, the question of awarding damages does not arise. But when the plaintiff claimed damages and is praying for amendment to specify such damages, the plaintiff is entitled for amendment of plaint for specifying such damages, as he did not claim such damages by specifying the amount.(v) Therefore, it is clear that in a suit for permanent injunction according to proviso to Sub-section (2) of Section 40, it is imperative and the Court has no option but to allow the amendment by adding the prayer for such damages, this being the provision of law.(vi) Since the proviso to Section 40 Sub-section (2) of the Specific Relief Act reads as an imperative and the Court has no option except to allow the amendment of the plaint and the fact that the application is belated is immaterial. The only discretion left to the Court is as regards the terms on which the plaintiff may be permitted to amend. Thus, any proposed amendment is to be allowed in view of the mandatory nature of the language employed under the proviso to Section 40(2) of Specific Relief Act.”26. The contention that the present application is barred by limitation is also unpersuasive.27. In Jagdish and Ors. v. Har Sarup (supra), the Court had while referring to proviso to Sub-section (2) of Section 40 of the Specific Relief Act observed that “the proviso further shows that howsoever belated the request for amendment may be and even if the claim put forward by way of amendment is hopelessly barred by limitation, it is the bounden duty of the Court to allow amendment”.28. It is also contended on behalf of defendant no.1 that the plaintiff is now seeking to set up a new case on a fresh cause of action and the same is barred by limitation. The said contention is also unmerited. The plaintiff’s case, from the inception, is that it is the proprietor of the trademarks “P” and “Paperex” and the registration of the said trademarks in favour of defendant no.1 is illegal. It had also maintained that defendant no.1 was not entitled to use the said trademarks. Although the plaintiff did not claim any damages either in addition to or in the alternative to its prayers of injunction, it is clear that the plaintiff is entitled to do so by amending the plaint. The contention that the plaintiff is seeking to set up a new case on a fresh cause of action is, essentially, premised on the basis that the plaintiff has entered into a settlement with defendant no.3, who is the successor in interest, in respect of the trademarks in question and therefore, is no longer pursuing the remedy for restraining defendant no.1 or defendant no.3 from using the trademarks in question. However, as noticed above, there is nothing that prevents the plaintiff to give up its prayer for an injunction and claim damages instead.29. Viewed in the aforesaid perspective, it is clear that the plaintiff’s claim for damages is not based on a fresh cause of action but the same cause as is set out in the plaint.30. The plaintiff has sought to quantify the damages on the basis of the consideration received by defendant no.1 from defendant no.3 for assigning the trademarks in question. The plaintiff’s claim for damages is not based on such assignment; however, the consideration received is sought to be used as a measure of damages suffered.31. The contention advanced by Mr. Kohli that the word “in substitution for” must be read i

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n a restrictive manner and Sub-section (1) Section 40 would not apply to a case where on substituting a claim of damages, the suit ceases to be a suit for permanent or mandatory injunction, is also unpersuasive. The import of the expression “in substitution for” is unambiguous. It would clearly mean ‘in replacement of’. Thus, in a suit where a relief of permanent injunction as contemplated under Section 38 or mandatory injunction under Section 39 of the Specific Relief Act is sought and such relief is sought to be replaced by a claim of damages, the same would clearly fall within the scope of Sub-section (1) of Section 40 of the Specific Relief Act. A plain reading of Sub-section (1) of Section 40 indicates that the claim of damages may be made in addition to or in substitution for such injunction. The expression “such injunction” clearly refers to the perpetual injunction under Section 38 or a mandatory injunction under Section 39 as mentioned in the opening part of Sub-section (1) of Section 40 of the Specific Relief Act.32. It is difficult to accept the contention that the suit for permanent or mandatory injunction must continue to be one seeking such relief even after the said suit is amended by seeking claim of damages in substitution for such an injunction.33. The plain language of Sub-section (1) of Section 40 of the Specific Relief Act indicates that an amendment seeking the relief of damages in addition to, or in substitution of, the relief injunction may be made in the suit which is for permanent or mandatory injunction as referred to in Section 38 or 39 of the said Act. The reference is plainly to a suit in its pre-amended form, in which such relief is sought; it does not stipulate that even after such a relief of damages is sought in substitution of the relief of injunction, the suit must continue to be one seeking the relief of injunction. The interpretation sought to be placed on behalf of defendant no.1 is not supported by the plain language of Sub-section (1) of Section 40 of the Specific Relief Act.34. For the reasons stated above, the application is allowed.35. Let an amended petition be placed on record within a period of two weeks. The amended written statement be filed within a period of four weeks thereafter.36. List before the concerned Registrar for completion of pleadings on 23.02.2021.
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