Court dismisses perjury allegations against Britannia, allowing amendments to ensure fair resolution.
In a significant ruling, the Delhi High Court has allowed Britannia Industries Ltd. to amend its plaint and include additional parties in its ongoing legal battle against Desi Bites Snacks P Ltd. over the use of the trademark "GOOD DAY." This decision comes after Desi Bites accused Britannia of perjury and deliberate suppression of facts, which the court found unsubstantiated.
Presided by Justice Tejas Karia, the case revolves around Britannia's claim for a permanent injunction to prevent Desi Bites from using the "GOOD DAY" mark on its confectionary products. Britannia sought to amend its plaint to include details of a pending rectification petition and to add M/s Jai Food Products and Mr. Roop Chand Agarwal as additional defendants. Justice Karia emphasized a liberal approach in allowing amendments to ensure the real controversy between the parties is effectively resolved.
Desi Bites had alleged that Britannia misrepresented facts to create a false sense of urgency in the lawsuit, arguing that Britannia was aware of Desi Bites' use of the mark since 1999. However, the court highlighted the absence of clear evidence to support these allegations and dismissed the application for perjury against Britannia. The judgment reiterated that perjury proceedings require unequivocal evidence of deliberate falsehood, which was not present in this case.
The court's decision to allow amendments and impleadment aims to facilitate a comprehensive examination of the trademark dispute, ensuring that all relevant parties are involved in the litigation. This move underscores the court's commitment to resolving the case on its substantive merits rather than procedural technicalities.
The court has directed Britannia to file the amended plaint and has issued summons to the newly added defendants. The defendants, including Desi Bites, have been granted time to submit their revised written statements. The case will proceed with these new developments, aiming for a just and equitable resolution.
Bottom Line:
Amendment of plaint and impleadment of parties in commercial suit - Liberal approach should be adopted to ensure effective determination of real controversy between the parties. Initiation of perjury proceedings requires clear evidence of deliberate falsehood.
Statutory provision(s):
Order VI Rule 17 CPC, Order I Rule 10 CPC, Sections 215 and 379 of Bharatiya Nagarik Suraksha Sanhita, 2023
Britannia Industries Ltd. v. Desi Bites Snacks P Ltd, (Delhi) : Law Finder Doc id # 2860091
