SHALIMAR CHEMICAL WORKS LTD. versus SURENDRA OIL & DAL MILLS (REFINERIES) & ORS.

SHALIMAR CHEMICAL WORKS LTD. versus SURENDRA OIL & DAL MILLS (REFINERIES) & ORS.

Production of original trade mark registration certificates as additional evidence at appellate stage was permissible under Order 41 Rule 27 (b) CPC in the interest of justice; appellants had legitimate grievance due to trial court's erroneous marking of photocopies and lack of opportunity to substitute originals....

Source-derived case information.

Parties
Appellant: Shalimar Chemical Works Ltd.; Respondents: Surendra Oil & Dal Mills (Refineries) & Ors.
Jurisdiction
India
Judgment Date
27 August 2010
Procedural Posture
Civil Appeal / Appeal to Supreme Court From Andhra Pradesh High Court
Outcome
Appeal allowed
Legal Topics
Trade Mark Infringement, Admissibility of Evidence, Permanent Injunction, Additional Evidence Under Order 41 Rule 27
Intellectual Property Civil Procedure Trade Mark Infringement Admissibility of Evidence Permanent Injunction Additional Evidence Under Order 41 Rule 27

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Parties

Shalimar Chemical Works Ltd.

Appellant

Surendra Oil & Dal Mills (Refineries) & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal to Supreme Court From Andhra Pradesh High Court

Legal Issues

  1. 1 Whether original trade mark registration certificates can be admitted as additional evidence at the appellate stage under Order 41 Rule 27 CPC.
  2. 2 Whether the trial court erred by marking xerox copies of trade mark registration certificates as exhibits without proper proof or admissibility.
  3. 3 Whether the defendants/respondents should have been given opportunity to rebut additional evidence admitted at appellate stage.

Ratio Decidendi

Production of original trade mark registration certificates as additional evidence at appellate stage was permissible under Order 41 Rule 27 (b) CPC in the interest of justice; appellants had legitimate grievance due to trial court's erroneous marking of photocopies and lack of opportunity to substitute originals. However, once additional evidence is admitted, defendants/respondents must be given opportunity to rebut; appeal allowed, matter remitted for rebuttal evidence or limited remand.

Court Disposition

Appeal allowed

Orders

  • Judgment and order dated April 25, 2003 of division bench set aside.
  • Matter remitted to the learned single judge to proceed in the appeal from the stage original registration certificates were taken on record as additional evidence.