De Penning & De Penning, representing Agfa-Gevaert NV and Agfa Healthcare India Private Limited (Plaintiffs) in an infringement suit against Agva Healthcare Private Limited & Others (Defendants) was successful in bringing on record additional documents during pendency of an infringement suit.
This suit has been filed in Tis Hazari District Court, Delhi, for permanent and mandatory injunction to restrain infringement, passing off, dilution and unfair trade competition as well as for damages and rendition of account etc., against the defendants. During the pendency of the suit, the plaintiff became aware of additional documents which would have an important bearing on the adjudication of the case, and in order to bring the same on record an appropriate application was filed on behalf of plaintiffs seeking leave to file additional documents.
The defendants objected to the plaintiff’s application on the ground that the said documents were within the possession of plaintiff at the time of filing of the suit and in any case, the said document were not necessary nor relevant for adjudication of issues involved in the suit, and no prejudice would be caused to plaintiffs if the documents are not taken on record.
However, after listening to extensive arguments from both the parties, the Court observed that the plaintiffs were deemed to establish ‘reasonable cause’, within the meaning of the relevant provisions which prevented them from disclosure and filing with plaint. Accordingly, the Court allowed plaintiff’s application to bring on record additional documents.