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Supreme Court of India 2021-09-15 partly_allowed

Sudhir Kumar @ S. Baliyan vs Vinay Kumar G.B

Bench: 2 — M.R. Shah

In Brief

The appellant (original plaintiff) sought leave to file additional documents, including invoices and voluminous records, in a trademark infringement suit before the Commercial Court. The Commercial Court and High Court both dismissed the application. The Supreme Court held that invoices discovered after filing and not in the plaintiff's possession at the time of filing could be relied upon without establishing reasonable cause. However, voluminous documents already in possession but withheld solely for that reason, when there was sufficient time to gather them, did not constitute reasonable cause. The appeal was partly allowed, granting leave to rely on invoices only, while confirming the rejection of other bulky documents.

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Civil Procedure Trade Mark Intellectual Property Disclosure of Documents Commercial Courts

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