Tue. Jan 19th, 2021

J.C. Bamford Excavators Limited & … vs Bull Machines Pvt Ltd on 4 January, 2016

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I.A. No.23988/2015 (u/o VI R.17 CPC, by plaintiffs)

1. This is an application filed by the plaintiffs under Order VI Rule
17 read with Section 151 CPC for amendment of the plaint. The
plaintiffs wish to enhance the valuation of the suit for the purposes of
Court fee and jurisdiction at Rs.2,00,00,000/- and quantum of
damages from Rs.20,05,000/- to Rs.2,00,00,000/-.
2. The plaintiffs have filed the suit for permanent injunction
restraining infringement of copyright, passing off, damages and
delivery up against the defendant.
3. It is stated in the application that since the suspension of ad-
interim injunction vide order dated 12th December, 2011 on account of
a mutually workable arrangement arrived at between the parties, no
ad interim injunction has been operating against the defendant and the

CS(OS) No.2934/2011 Page 1 of 12
defendant continues to infringe the plaintiffs’ copyright and design
rights in their 3DX Backhoe Loader by manufacturing and selling the
impugned Bull Smart Backhoe Loader. Thus, on account of these
continuing infringing activities, the plaintiffs estimates that the
defendant would have at least made a profit of Rs.2 crores since 12 th
December, 2011 till date and such profit earned by the defendant are
the losses suffered by the plaintiffs.

Source: Indian Kanoon

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