IP Case Digest · Intellectual Property

Colgate Palmolive Company & Anr. v. Dabur India Ltd., CS(COMM) 567/2019

Case number
CS(COMM) 567/2019
Date of judgment
Judge
Manmeet Pritam Singh Arora
Outcome
Allowed

Headnote

Application to amend a plaint in a long-running disparagement suit rejected, while the relief sought was granted by another route. The Court held that although amendments are to be allowed liberally, the object of Order VI Rule 17 is to substantiate, elucidate or expand pre-existing facts, and allowing an amendment here would serve neither that object nor the Commercial Courts Act's aim of an expeditious trial, setting at naught six years already gone by. Since the averments on ingredient disparagement were already in the original plaint, the later advertisements needed only to be placed on record as additional documents under Order XI, not pleaded afresh.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.