A Journal submitted to Gujarat University in Partial Fulfilment of the Academic Requirement for the

degree of BCOM. L.L.B. (5 Years Integrated Program) for the purpose of Continuous Evaluation

FOR THE SUBJECT:

IL 511 – Advance Drafting

SUBMITTED BY:

SHIVENDRA PANDEY
BCOM. L.L.B., BATCH: 2017-2022

SEAT NO.

UNDER THE GUIDANCE OF:

BHOOMIKA JANI
PRINCIPAL, SHANKERSINH VAGHELA INSTITUTE OF LAW

SHANKERSINH VAGHELA INSTITUTE OF LAW

VASAN, GANDHINAGAR GUJARAT

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CERTIFICATE

This is to certify that Mr. Shivendra Pandey , seat number: , batch 2017-22,
SHANKERSINH VAGHELA INSTITUTE OF LAW, has worked on and completed the
assignment for the clinical subject Advanced Drafting, towards the fulfilment of the
BCOM-LLB degree program.

This is her original work, and reports her original and personal findings and research.
Date of submission:

Name and signature of supervisor:

ADV. P N SHARMA (DISTRICT & SESSIONS COURT, SINGRAULI, MADHYA PRADESH)

Stamp of the college with date:

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DECLARATION

I, SHIVENDRA PANDEY, do hereby declare that this project work for the subject for the
clinical subject Advanced Drafting, is a result of my own, original work, under the
supervision of Adv. K. This work has not been previously submitted to any other university
for any other examination. I also declare that all information in this project has been obtained
by and presented in accordance with academic rules and ethical standards.

College name: SHANKERSINH

VAGHELA INSTITUTE OF LAW

Seat number:

Batch: 2017-2022

Signature of student
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INDEX

ADVANCE DRAFTING5

Unit 1 & 25

 PETITION FOR RESTITUTION OF CONJUGAL RIGHTS..................................................5

 PETITION FOR JUDICIAL SEPARATION...........................................................................7

 Petition under Section 13 of Hindu Marriage Act 1955 by a Hindu wife for dissolution of
marriage by a decree of divorce................................................................................................9

 Joint petition under section 13-B, of the Hindu Marriage Act, 1955.for the dissolution of
marriage by decree of divorce by mutual consent...................................................................11

 GUARDIANS OF THE MINORS..........................................................................................13

 NONMARITAL COHABITATION / LIVING TOGETHER AGREEMENT.......................16

 SHAREHOLDER AGREEMENT..........................................................................................18

UNIT 3 & 424

 Petition under Section 482, Cr. P.C........................................................................................24

 Deed of Assignment of Patent................................................................................................26

 Deed for Assignment of Copyright.........................................................................................28

 DEED OF ASSIGNMENT OF A TRADE MARK (WITHOUT GOODWILL)....................30

 FORMAT OF APPLICATION FOR SEEKING INFORMATION UNDER THE RIGHT TO

INFORMATION ACT-2005..................................................................................................32

 INFRINGEMENT OF TRADEMARK..................................................................................33

 SUIT FOR INFRINGEMENT OF COPYRIGHT..................................................................43

JUDGEMENT WRITING50
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ADVANCE DRAFTING

Unit 1 & 2
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

IN THE COURT OF THE

Matrimonial Case No. of 20

Shri TT. etc. Petitioner;

Versus

Smt CC. Respondent.

Petition under Section 9 of the Hindu Marriage Act, 1955.

The Petitioner, named above, states:

1. That the petitioner was married to the respondent on at within the

jurisdiction of this Court.

2. That the petitioner and his wife lived last together at

3. That on last the respondent went to her father’s house at . She gave
word to return within 15 days, but she did not abide by her word and has not returned so
far.

4. That the petitioner went to his father-in-law’s house at to bring the respondent, a
number of times, but on one pretext or the other, she declined to come along with the
petitioner to his house.

5. That lastly the petitioner went to the house of the respondent’s father at _ on
and asked the respondent to return with him, but she refused to come.
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6. That the respondent deserted the petitioner or/and has withdrawn from his company
without any reasonable or lawful excuse. Hence the necessity for the petition arose.

7. That the cause of action accrued to the petitioner against the respondent, within the
jurisdiction of this Court, on when the respondent left for her father’s house at
and it continues to accrue from day to day till the respondent comes back to the
home of the petitioner and resumes his company.

That the petitioner claims and prays:

(a) That a decree for the restitution of conjugal rights be passed in favour of the petitioner
against the respondent.

(b) Any other relief or reliefs which the court may deem proper under the circumstances be
also awarded to the petitioner.

Dated.

Petitioner.

VERIFICATION

I, the abovenamed petitioner, do hereby verify that the contents of this petition in Paras
are true to my personal knowledge and those in Paras Nos
are believed by me to be true.

Signed and verified this day of 20 at in Civil Court

compound.

Petitioner.
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PETITION FOR JUDICIAL SEPARATION

In the District Court of......... at............

Case Name:

In the matter of S.10 of the Hindu Marriage Act 1955, and in the matter of:

GAURAV..............Petitioner

versus

NISHU.......................Respondent

RESPECTFULLY SHWETH:

1. That at all material times and at present the parties to the proceedings were and are
Hindu and so ruled by the Hindu Marriage Act 1955.

2. That on the ............... day of................the applicant was duly married to Gaurav
at................and the said marriage was solemnized according to Hindu rites. (An extract from
the Marriage Registrar or an affidavit duly attested to be filed).

3. That the following are the issues of the said marriage (name, date of birth, age and sex).

4. That ever since the said marriage and until the ............ day of.............the applicant and the
said Gaurav cohabited and lived as husband and wife at..............when he withdrew himself
from the society of applicant without any probable or reasonable cause and thereby deserted
her to all purposes and intents.

5. That from and soon after the marriage the said Gaurav habitually and with very few
exceptions conducted himself towards the applicant with severe cruelty and harshness
by abusing her in most filthy language (state particulars of cruelty).

6. That applicant has not in any way been party to or connived at or condoned any of the said
acts of Gaurav.

7. That the said Gaurav also maliciously, falsely charged the applicant as having committed
adultery, abused the applicant in several manners and treated the applicant with such cruelty
as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious
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for the petitioner to live further with the said Gaurav.

8. That there were no prior proceedings between the parties and there is no collusion
between the applicant and Gaurav relating to the subject-matter of present petition.

9. That this court has jurisdiction to entertain this application as the marriage was
celebrated at (the parties reside or last resided within the jurisdiction of this court).

The applicant therefore prays for a decree for judicial separation between the applicant and
the said Gaurav.

Petitioner’s Signature.

Verification

I, minku, daughter of …., and wife of Gaurav aged about.........years by occupation

housewife residing at............do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made my acquainted with the facts
and circumstances of this case.

The statements in paragraphs 1 to 9 are true to my knowledge and belief.

I sign this verification on this ............ day of............... at the Court House at...............

Petitioner’s Signature.
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Petition under Section 13 of Hindu Marriage Act 1955 by a Hindu wife for dissolution of
marriage by a decree of divorce.

Title of the petition--

In the court of (name of the court) (name of the district city or where court is situated) for
example--

In the court of family court, Dehradun

H.M.Petition No...........of 2011.

Name and addresses of the parties to the petition,

for example--

Smt/shri................................W/o/ or D/o.or
S/o........................................R/o.....................................

Petitioner

versus

Smt / Shri..................................W/o or D/o or S/o ..................................R/o .............................

Respondent

Petition under Section 13 of Hindu Marriage Act 1955 by a Hindu wife for dissolution
of marriage by a decree of divorce.

Sir,

Petitioners above named state as follows:

1. Petitioners were married on.11th may 2007 according to Hindu rites and customs at the
residence of Smt...........................(Petitioner) at Rajpur Road Dehradun.

2. That both the party to the marriage belongs to Hindu religion and both were unmarried
(or divorcee or other category/status) before this marriage.

3. That the petitioner is highly educated girl, (details of her education, job and income should
be given here) while respondent is merely.....(details of his education, job and income should
be given here).

4. Petitioners thereafter lived and cohabited as husband and wife at the residence of
husband at Dehradun.

5. That the parties have two issues from the said marriage named master Raju ( son ) aged
5 year, and km. Anita (doughter) aged 3 year.
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6. That the petitioner and respondent last resided together in march 2013 at Dehradun.

7. That the behaviour of the respondent and his parents were very cruel towards petitioner.
The husband has...........(details of cruelty by husband or his family member should be given
here).or(Cruelty may be mental or physical detail must be given );or( That the petitioner's
consent to marriage obtained by fraud, detail of fraud's particulars must be
given);or(Voluntary sexual intercourse with the other women, particulars must be given of
the said woman and of the said incident. And it is necessary to made party in the suit the said
alleged woman or man as the case may be); or ( has been incureable of unsound mind and not
possible to live with him); or (has been suffering from a virulent and incureable form of
leprosy); or ( has been suffering from syphilis in a communicable form, the disease having
been contracted from some one other than the petitioner); or ( has renounced the world and
became a sadhu); or ( has not been heard of as being alive for over seven years by those
persons who would naturally have heard of it had he been alive ); or ( has married Smt. (name
of the woman) after his marriage with the petitioner and that wife is still alive); or (has after
his marriage with the petitioner been guilty of rape or sodomy or bestiality).

8. That the petitioner never condoned the conduct of the respondent.

9. That there is no collusion between the petitioner and the respondent. ( this statement is
necessary in the petition)

10. That there is no suit pending in any Court of India between the petitioner and
respondent regarding this marriage( if any suit pending, true particular should be given in
the petition).

11.That the cause of action arises on................( the exact date of the cause of action as far as
possible should be given, where, however, the exact date is not known, petitioner can
mention the near about date when cause of action accrued).....

12. jurisdiction

13. valuation of suit

14. relief

Verification:

Verification of Pleading : Order VI Rule 15 provides the mode of verification of pleadings

(1) Save as otherwise provided by any law for the time being in force, every pleading shall
be varied at the foot by the party or by one of the parties pleading or by some other person
proved to the satisfaction of the court to be acquainted with the facts of the case.

(2)The person verifying shall specify, by reference to the numbered paragraphs of the
pleading, what he verifies of his own knowledge and what he verifies upon information
received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on
which and the place at which it was signed.
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Joint petition under section 13-B, of the Hindu Marriage Act, 1955.for the dissolution of
marriage by decree of divorce by mutual consent

In the court of ( name of the court ) ( name of the distt,city or where court is situated)
for example--

In the family court, Dehradun

H.M.Petition No...........of 2011.

Name and addresses of the parties to the petition,

for example--

Shri................................S/o.........................................R/o.....................................

Petitioner No.1.

And

Smt ..................................W/o or D/o ..................................R/o .............................

Petitioner No. 2.

Joint petition under section 13-B, of the Hindu Marriage Act, 1955.for the dissolution of
marriage by decree of divorce by mutual consent.

Sir,

Petitioners above named state as follows:

1. Petitioners were married on.11th may 1997 according to Hindu rites and customs at the
residence of smt.........................( petitioner No 2.) at Rajpur Road Dehradun.

2. That both the parties to the marriage belongs to Hindu religion and both were
unmarried (or divorcee or other category/status). before this marriage.

3. Petitioners thereafter lived and cohabited as husband and wife at the residence of
petitioner No.1 at Haridwar for over one year.

4. That there is one female child born from this wed-lock.

5. Due to certain reasons which petitioner need not set out strains developed in the
mutual relations between the petitioners.Both the petitioners could not understand each
other and were not able to lead a happy married life inspite of the best efforts of both.

6. Ultimately petitioner No.2 left the house of the petitioner No.1. on 16th Aug 1998.with
the intention of never to returned and to end the cohabitation permanently and has not
returned since.
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7. Petitioner have thus been living separately for a period of two year and have not been able
to live together during this periods or That both the petitioners are living separately for over
two year.

8. That the petitioners have agreed that they can not live together as husband and wife
and both have agreed to dissolve the said marriage by decree of divorce.

9. Parties have agreed in regards to the custody , maintenance and education of their child
as follows.-

(a)

(b)

(c)

(d)

10. That both the parties consented for this petition at their own free will and under no one's
pressure.

11. That there is no collusion between the parties

12. That all the articles given at the and about the time of marriage are received back by
both the parties from each other.

13. That before this petition, no petition or suit was filed either of the petitioner or any
is pending before any competent court in India.

14. That the cause of action for the joint petition arose on 11th may 1997 when the marriage
was solemnised and thereafter on 16th Aug 1998 when the parties realised they can never live
together as husband and wife and petitioner No.2 left the house with the intention of never to
return and both have agreed to dissolve the marriage and they signed the divorce petition both
their free will.

15. That the parties to the marriage married at Dehradun and petitioner No. 2 also residing at
Dehradun after separation from the husband within the jurisdiction of this honourable court,
hence this honourable court has jurisdiction to listen and decide the case.

16. That the suit has been valued at Rs. 10,000. and the proper court fees has been duly paid.

Relief.-

That the petitioners pray for the following reliefs.-

(a). that a decree of divorce be granted declaring their marriage to be dissolved with effect
from the date of the decree
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GUARDIANS OF THE MINORS

IN THE COURT OF PRINCIPAL JUDGE, SHAHDARA DISTT. FAMILY COURTS,

KARKARDOOMA COURTS, DELHI
GUARDIANSHIP PETITION NO. OF 2018
IN THE MATTER OF:
Mr.Father..Petitioner
Versus
Mrs.Mother..RespondentP.S. Gokalpuri

GROUNDS ON WHICH THE PETITIONER SEEK TO BE

APPOINTED/DECLARED AS GUARDIANS OF THE MINORS.
1. That the marriage between the petitioner and the respondent No. 2 was solemnized on -------
---according to Hindu Rites and customs at ----------, and one son namely was born out
from this wedlock on -------
2. That it is submitted that the petitioner is having normal liability of his minor son and he is
paying the school fee, all study material and other expenses of his minor son i.e. --.
3. That the minor son of the petitioner i.e. -----
4. That the son is aged about 2 years and he may lie in a nice manner with the petitioner, the
duty of the petitioner is adjustable the same may be adjusted as per the requirement, if the
custody of the daughter remain with the hands of the petitioner.
5. That since leaving the house by the respondent No.2, the petitioner has taken the sincere
efforts to reunion but due to intervention of the parents of the respondent No. 2, he has not
succeeded, even the respondent No. 2 never picked up the phone of the petitioner and never
exchanged any voice
6. That there is no possibility to reunion with the respondent No. 1 and the respondent No. 2 is
the quite young and shall perform the marriage with any other person, the custody of the
minor goes to somebody else after the marriage of respondent No. 2 and she may be married
in such odd relations which may be odd for the petitioner and his son in future, hence the
custody of the minor is required for the petitioner to sake and save the life and modesty of the
minor child from the hands of the respondent No. 2.
7. That minor--------is the child which can be turned if the truth is disclosed before her and the
petitioner as well as the other family members tutored the same but the respondent is bent
upon to ruin the life of the petitioner and is deserting him since--without any sufficient cause
and also is deserting the life of the child, as he is need for the love and affection of the mother
and father but the affection of the father are being paid by the father of the respondent No, 2,
as theminor child knows him as her own father.
8. That the applicant is the father of minor baby ------and the petitioner is having sufficient
income for the betterment, care, custody, look after and maintain his minor son.
9. That the petitioner is having the sufficient funds/income to provide the better maintenance,
better education better accommodation and also is able to provide more time with the minor
child if the custody is handed over to the petitioner.
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10. That the petitioner is ready to fulfill all the terms and conditions imposed by this Hon’ble
court in any manner and is ready to provide all things whatever ordered by this Hon’ble court
for her custody.
11. That none of the family members of the respondent No. 2 is responsible for the child and
there is no love and affection for the child in the family of the respondent No. 2 or with the
respondent No. 2 for the child. It is clear that in property care and malnutrition child is not
maintaining good health nor he is put under proper guidance. The petitioner cameto know the
fact from the sources that the child generally fell sick at regular interval and there is no one to
improper care of the child and also not competent to teach and upbringing the minor child as
is required for the child of the age, according tothe age of child he require plenty of time from
reasonable devoted address who can impart general knowledge, good manner, attempt to her
requirement and also make his educated with social culture, covering the entire gamput of
mythology religious practicewhich can only possible at the house of the petitioner and not at
all in the custody of the respondent No. 2 who remained most of the time in her profession.

12. That the minor child also need constant, emotional support and protection and therefore
the petitioner being father and his parents are competent person who can only properly
maintain the minor child but also can fulfill the requirement and needs of the minor child.

13. That the main motive of the petitioner is that the minor child could not be suffered and
deprived of the love. The petitioner is ready and willing to take
the custody and is having sufficient and spare time to take care of the minor child and to meet
his demands, if the custody of the minor child given to the petitioner in that event the child
can be properly feed and attended to in all the aforementioned manner as essential for the
growth and all around development of his health mind and future prospectus,the petitioner
being the father of the child have all love and affection and if the custody if given to the
petitioner in that event no prejudice or harm will be caused either to the respondent No. 2 or
minor child. It is here to mention that the welfare of the child is primary important and the
same cannot be taken care by the respondent No. 2 in view of the aforementioned facts.
14. That it submitted that in the month of November, 2010 the respondent No. 2 left her
matrimonial house and living with her parents and the petitioner and his family members
visited the parental house of the respondent No. 2 requested her parents to send with the
petitioner at her matrimonial home but the respondent No. 2 flatly refused to return her
matrimonial home.
15. That the welfare of the minor child is the paramount consideration before this Hon’ble
court and the petitioner is not only making a point about material and physical well being and
happiness of the child but every circumstances and every factor being upon the moral and
religious welfare and the education and upbringing of the child can be better protected by the
petitioner.
16. That the present petition is being filed in the interest and welfare of the child and there has
been no improper and unnecessary delay in filing the instant petition.
17. That the minor child is residing in Delhi within the local limits of this Hon’ble court,
hence this Hon’ble Court has got the territorial jurisdiction to entertain and decide the present
petition.
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18. That the present petition is not presented with the collusion of the respondent.

19.That the necessary court fees has been affixed on the head of the instant petition.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to
pass the following order:i.Appoint the petitioner as guardian of the child for any and all the
purposes and/orii.To direct the respondent No. 2 to handover the custody of minor child
namely
------to the petitioner permanently and/oriii.Any other relief/relieves may kindly be granted
which this Hon’ble Court deems fit and proper in the interest of justice.
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NONMARITAL COHABITATION / LIVING TOGETHER AGREEMENT

AGREEMENT made this day of

and between , 20 , by
, "First Party",
and , "Second Party".

WHEREAS, the parties are presently residing with each other

at , have been
doing so since and intend to continue living together in this
arrangement;
WHEREAS, the parties desire to affix and define their respective property rights and
liabilities arising from their joint residency;

WHEREAS, the parties each acknowledge that they enter into this agreement voluntarily,
without any duress or undue influence, and that each has had the opportunity to consult with
counsel of his/her choice;

THE PARTIES HEREBY AGREE:

1. Marital Status. The joint residency of the parties shall in no way render the
parties married, by operation of common law or any other operation of law.
2. Consideration. Consideration for this Agreement consists solely of the mutual promises
herein contained and the mutual promises of each party to act as the living companion and
partner to the other. This Agreement fully contemplates and compensates any and all services
provided by either party for the benefit of the other during the course of their joint residency.
The furnishing of sexual services shall in no way be construed as consideration for this
Agreement.
3. Disclosure of Current Financial Status. Each party has fully and completely, to the
best of his/her knowledge, disclosed to the other party his/her current financial condition
including all assets and liabilities. Each party has attached a balance sheet to this agreement
indicating his/her current assets and liabilities with the understanding that this balance sheet
reflects his/her current financial status to the best of his/her ability.
4. Division of Living Expenses. Necessary and jointly approved living expenses shall be
apportioned between the parties as follows:
The First Party shall contribute percent ( %) per month;
The Second Party shall contribute percent ( %) per month.
The parties shall deposit their pro rata contributions monthly into the joint checking account
of the parties. Either party may draw upon this checking account. Any property purchased
from this checking account shall be considered joint property of the parties, owned according
to the respective party's percentage of contribution stated above.
5. Separate Property. The parties shall keep the following properties as the separate
property of the recipient and said properties shall not be subject to division at the
termination of this Agreement:
(a) Individual earnings, salary or wages acquired before or after the execution of
this Agreement;
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(b) Individual gifts, bequests, devises or inheritances acquired before or after the execution
of this Agreement;
(c) All property, real or personal, owned by a party at the date of execution of this
Agreement;
(d) All income or proceeds derived from the aforementioned properties.
6. Joint Property. All property acquired by the parties after the execution date of this
Agreement and before the termination of this Agreement and procured jointly with joint
resources and funds shall be considered joint property of the parties with each party
possessing his/her aforementioned percentage of ownership.
7. Commingling of Property. Absent a reasonable demonstration of sole ownership, where
either party commingles joint property with separate property, any commingled property
shall be presumed to be joint property of the parties.
8. Division of Property upon Termination. Upon termination of this Agreement or
termination of the joint residency, all jointly owned property shall be divided among the
parties according to their pro rata share listed above. If the parties are unable to agree on the
appropriate division of joint property, they may appoint an independent and mutually agreed
upon Third-party to act as Appraiser. The Appraiser shall divide the property among the
parties according to his/her pro rata share.
9. Duty of Good Faith. This Agreement creates a fiduciary relationship between the parties
in which each party agrees to act with the utmost of good faith and fair dealing toward the
other in the management of their joint property and in all other aspects of this Agreement.
10. Legal Names of Parties. Each party shall retain his/her legal name, including surname,
as printed and signed in this Agreement.
11. Duration of Agreement. This Agreement shall become effective at the date of execution
and shall remain in effect until termination. Termination shall be effected by written notice
by either party, cessation of the joint residency by either party or death of either party. Either
party may terminate this Agreement unilaterally at any time.
12. Death of Party. Upon the death of either party, the surviving party waives all rights
to support by the deceased party.
13. Complete Agreement. It is the intent of the parties that this Agreement be the full and
complete agreement between the parties regarding their joint residency. There are no other
agreements between the parties regarding their joint residency other than those stated
herein. This Agreement shall only be modified by a writing executed by both parties hereto.
14. Severability of Provisions. Should any paragraph or provision of this Agreement be
held invalid, void, or otherwise unenforceable, it is the intent of the parties that the remaining
portions shall nevertheless continue in full force and effect without impairment.
15. Governing Law. This Agreement shall be governed by, interpreted and construed
in accordance with the laws of the State of .

IN WITNESS WHEREOF, the parties have executed this

Agreement at on this day
of , 20 .
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SHAREHOLDER AGREEMENT

BETWEEN

Mr./Ms./M/S.............A

AND

Mr./Ms./M/S.............B

RE: Shares of ………....

THIS AGREEMENT made the ………... day of ………... BETWEEN.................residing at

………... (hereinafter referred to as ".............A") (which expression shall, unless repugnant
to the context or meaning hereof, mean and include his heirs, executors, administrators and
assigns) of the First Part.

And

Mr./Ms/M/s………... residing at ………… (hereinafter referred to as ".............B") (which

expression shall, unless repugnant to the context or meaning hereof, mean and include his
heirs executors, administrators and assigns) of the Second Part.

And individually referred to as “Shareholder” or “Party” and collectively as “Shareholders”

or “Parties”

WHEREAS:

A) The Shareholders hereto have agreed to jointly manage a company in India and
incorporate under the laws of Companies Act 1956 (hereinafter refereed to as the
“Company”.

B) Both/all the shareholders have agreed to become Equity Partners by investing in the
shares of the Company subject to the condition that they shall enter into a Shareholders
Agreement in terms of these presents;

C) The Shareholders hereto are desirous of recording the terms and conditions of their
Agreement in writing;

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS

FOLLOWS:-

1. OPERATION AND CONSTITUTION

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(a). The Company shall be structured, capitalised, organised and managed in accordance
with the terms of this Agreement and the Memorandum of Association (MoA) and Articles
of Association (AoA).

(b). Company amends the MoA and AoA so that the provisions of the Constitution are not
inconsistent with the provisions, spirit and intent of this Agreement.

(c). In the event that any of the provisions of this Agreement are inconsistent with the MoA
and AoA or with any other document brought into existence as required by or consequent
upon this Agreement, the terms of this Agreement shall prevail, to the extent of such
inconsistency. The Shareholders shall use their best endeavours to ensure that any such
inconsistency is resolved in favour of provisions of this Agreement.

2. NAME, PLACE AND BUSINESS

(a) The Shareholders shall jointly invest in the Company to be named as......................and
limited by shares under the Companies Act, 1956.

(b) The registered office of the Company shall be situated at...................., or at such other
places as may be mutually agreed upon between the Shareholders in writing.

(c) The Company shall carry on the business of …………… and....................{description of

the business}, either by itself or through other agencies or company industries and may
carry on any other business as may be decided by the Shareholders from time to time hereto
and shall ensure that no other business activity is undertaken by the Company at any time
without the consent of both/all the Shareholders hereto.

3. SHARE CAPITAL

(a). The authorised share capital of the Company is Rs.…………... (Rupees …………...
only) consisting of …………...(……………{in words}) equity shares of Rs...........(Rupees
……) each.

(b). The subscription by....................A hereto to the aforesaid authorised share capital of the
Company shall be …………... (…………...) equity shares of Rs.……/- (Rupees ………
only) and the subscription by....................B to the aforesaid authorised share capital of the
Company shall be …………... (…………...) equity shares of Rs.……/-(Rupees........only).

(c). There shall be no further issue of capital without the consent of both/all the
Shareholders hereto, and unless otherwise agreed upon in writing further investment shall
be as mutually decided by both/all the Shareholders.

4. DIRECTORS
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(a) The Board of Directors (“Board”) of the Company shall consist of …………...A and
…………...B

OR The Board of Directors (“Board”) of the Company shall not be less than two (2) and
more than six(6) directors, and shall initially be fixed at four (4) directors.

(b) Each of the Shareholders shall have the right to nominate two (2) Additional Directors
onto the Board. Both Shareholders shall be entitled at any time to remove any of the
representatives on the Board by written notice to the other party and to appoint another or
other/s in their place.

(c) The day to day management of the Company shall be looked after by a Managing
Director to be appointed unanimously by the Board.

(d) The quorum for a meeting of the Board will consist of two (2) Directors. If a quorum is
not present on the date on which a meeting is convened, the meeting will automatically
stand adjourned and shall be reconvened seven (7) days after the original meeting, and the
Directors who are present at the reconvened meeting, not being less than two (2), as the
case may be, will constitute a valid quorum. For the purposes of this Agreement, Directors
shall mean the Directors of the Company from time to time.

(e) It is agreed as between the parties hereto that the position of Chairperson of the
Company shall be held by ……..A or a nominee of A. The Chairman of the Board shall
also be
the Chairman of all general meetings of the Company.

5. VOTING

The Shareholders hereto jointly and severally shall vote and act as members of the
Company and with respect to the shares of the Company held by them, so as to ensure that
Directors of the Company are at all times appointed and maintained in office in conformity
with the provisions of this Agreement. If at any time the provisions of this Agreement are
not fully complied with, the Shareholders jointly and severally agree to promptly take all
necessary steps to ensure that the provisions of this Agreement hereof are fully
implemented in letter and spirit.

6. AUDITORS

(a) The Auditors of the Company shall be M/s.………....

(b) The Auditors of the Company shall not be changed without the prior written consent of
both/all Shareholders or the Directors.

7. SHARE SALE OR TRANSFER

(a). Any sale or transfer of shares in the Company by either party shall be as provided in
Clause 7(b). If at any time during the continuance of this Agreement either of the
21 | P a g e

Shareholders, desire to sell or transfer all or any of their respective shares held by them in
the Company, they shall do so strictly in accordance with the provisions hereinafter written.

(b). If either of the Shareholders desires at any time to sell the whole or part of their shares
in the Company, he shall first offer such shares in writing to the other. If the other does not
accept in writing the offer within fifteen (15) days of receipt of the offer, the first party
shall then be at liberty within thirty (30) days thereafter to sell the shares so offered to any
other persons of its choice at the same price and on the same terms and conditions as
contained in its written offer to the other party hereto in the first instance, failing which the
procedure contained in this sub-clause will have to be repeated by a party desiring to sell
his shares.

8.WORKING CAPITAL

……..A will bring in further working capital to run an F & B Unit(s) at..........{address of
registered office}. ……….. Bank had advanced loans of about Rs. ……../-(Rupees...........)
to the Company which loans have to be repaid by them. ……..B will be bringing further
moneys upto Rs. …….. (Rupees …….. Only) to repay the loan. The Balance Rs........../- has
been secured with the collateral security provided by..........B.

……..B will be entitled to interest at the rate of % per annum on the sums brought in
by him or his Associates / concerns / businesses.

9. CONFIDENTIALITY

The Shareholders agree and undertake not to disclose or divulge directly or indirectly to
any third party any trade or business secret or other secret or confidential information
pertaining to the business, affairs or transactions of each other or of the Company or of
their clients or customers, that may have been disclosed, imparted to or acquired by either
of them from the other or from the Company.

10. COVENANTS

Both/All the Shareholders jointly and severally undertake:-

(a) that they shall ensure that they, their representatives, proxies and agents representing
them at general meetings of the shareholders of the Company shall at all times exercise
their votes in such manner so as to comply with, and to fully and effectually implement, the
provisions of this Agreement.

(b) That if any resolution is proposed contrary to the terms of this Agreement, the
Shareholders, their representatives, proxies and agents representing them shall vote against
it. If for any reason such a resolution is passed, the Shareholders will, if necessary, join
together and convene an extraordinary, general meeting of the Company in pursuance of
section 169 of the Companies Act, 1956 for implementing the terms of this Agreement.

(c). They shall jointly and severally procure and/or ensure that the Director or Directors of
its choice on the board of the Company shall at all times fully and effectually implement
and
22 | P a g e

comply with (including by exercise of voting rights at meetings of the Board or resolutions
by circulation and on resolutions passed at a meeting of any Companies of the Directors)
the provisions of this Agreement.

11.TERMINATION

This Agreement shall come into effect from the date mentioned above and shall remain in
full force and effect until terminated upon the happening of any of the following events:

(a). If any of the Parties are declared insolvent or bankrupt, the Agreement shall stand
terminated vis-a-vis that Party;

(b). If a trustee or receiver is appointed to take over the assets of any Party, the Agreement
shall stand terminated vis-a-vis that Party;

(c). If the Company shall be otherwise dissolved or wound up, either voluntarily or
involuntarily, or if an order shall be made or an effective resolution is passed for winding
up the company

(d).If either of the Shareholders commit a breach of any of the terms or provisions of this
Agreement and fail to rectify such breach within ……. (…….) days from the receipt of
written notice from the non-breaching party, then the latter shall be entitled, without
prejudice to its other rights and remedies under this Agreement or at law, to terminate the
Agreement recorded herein by written notice.

12. MODIFICATIONS AND ALTERATIONS

No modification of alteration of this Agreement or any of its terms or provisions shall be

valid or binding on …….A and/or B unless made in writing duly signed by both.

13. TRANSFER OF AGREEMENT

This Agreement is personal to …….A and.........B and shall not be transferred or assigned in
whole or in part by either party without the prior written consent of the other.

14. JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of ……..
State of India and the Parties hereto irrevocably submit to the sole and exclusive
jurisdiction of the Courts at In respect of any dispute or matter arising out of or in
connection to
this Agreement.

15. ARBITRATION

If any dispute or difference shall at any time arise between the Shareholders as to any terms,
provisions or matters contained herein on as to their respective rights, claims, duties or
23 | P a g e

liabilities hereunder or otherwise, howsoever in relation to or arising out of or concerning

this Agreement, such dispute or difference shall be referred to the arbitration. The venue of
such arbitration shall be in............unless otherwise agreed in writing. Such arbitration shall
be held under and in accordance with the provisions of the Arbitration and Conciliation
Act, 1996.

16. NOTICE

(a). All approvals, consents and notices required to be given or served hereunder by either
Party hereto to the other shall be deemed to be given if the same has been delivered to, left
at,sent by international courier, registered airmail or by facsimile by either Party to the
other at their following respective addresses:

(i) If to..........A

……..{address}

(ii) If to..........B

……..{address}

17. ENTIRE AGREEMENT

This Agreement represents the entire agreement between the Parties hereto on the subject
matter hereof and cancels and supersedes all prior agreements, arrangements or
understandings, if any, whether oral or in writing, between the Parties hereto on the subject
matter hereof.

IN WITNESS WHEREOF the parties hereto have executed these presents the day and year
first hereinabove written.

SIGNED AND DELIVERED by

……..A

in the presence of

SIGNED AND DELIVERED by

……..B

in the presence of

……..A
24 | P a g e

UNIT 3 & 4
Petition under Section 482, Cr. P.C.

IN THE HIGH COURT OF JUDICATURE AT ..............

Criminal Misc. Application No.................... of .................
(Under Section 482, Cr. P.C) District ...............
Sri .......................... S/o ......................... R/o ..................
P. S. ................... District ............
............... ...Applicant

Versus

1. Sri .................... S/o ............................ R/o ...................

P. S. ................... District ...............
.................. ...Opposite Parties
To
The Hon'ble Chief Justice and his companion Judges of the aforesaid Court.
The humble application of the above-named applicant most respectfully showeth as under:
1. That opposite party who is the vendor of disputed pieces of land the petitioner made
a complaint before the learned Chief judicial Magistrate,.............under Sections
420/467/463/126, I.P.C. against the petitioner.
2. That the complaint alleged that the petitioner go to sale-deed executed with respect to the
disputed land by putting up two persons impersonating the complainant and his brother.
3. That it was further alleged that the complainant had already made agreement to sell to
some other third person.
4. ..........................................................
5. ..........................................................
6. ..........................................................
7.............................................................etc. etc,
That it is in interest of justice that the complaint annexed as Annexure No...............the order
of summoning Annexed as Annexure No......................and other of learned VI Addl. District
25 | P a g e

and Sessions Judge. Annexed as Annexure No................may be quashed, so that justice may
be done.

PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the
complaint Annexed as Annexure I the order of summoning Annexure as Annexure No.
.............. and order of learned VI Additional District and Sessions Judge, ............... so that
justice may be done.
Date:........................
Advocate for the Applicant
26 | P a g e

Deed of Assignment of Patent

THIS DEED OF ASSIGNMENT is made at on this day of

between Mr , Mr
and
Mr carrying on business in partnership in the name of
M/s Hereinafter referred to as 'the Assignors' of the One Part and
M/s , a Company registered under the Companies Act, 1956, and having its
registered office at Hereinafter referred to as the `Assignee' of the Other
Part;
WHEREAS
1. The Assignors own a patent in the manufacture of an article known in the market
and the said patent is duly registered under the Patents Act 1970 and which is
broadly described in the Schedule hereunder written.
2. The Assignors have promoted a company being the Assignee herein and have agreed to
transfer their partnership business including the right to the said Patent to the Assignee in
consideration of and in the manner provided in a separate agreement between the Assignors.
3. The Assignee has now requested the Assignor to assign the said Patent and all rights
appurtenant thereto to the Assignee which the Assignors have agreed to do.
NOW THIS DEED WITNESSETH that pursuant to the said Agreement and in consideration
of a sum of Rs paid to the Assignors partly in cash and partly in the form of the
shares of the Assignee of the face value of the amount of Rs before the execution
of these presents (receipt whereof the Assignors hereby admit) they the Assignors as
beneficial owners of the said patent broadly described in the Schedule hereunder written,
hereby assign to the Assignee the said patent which has been granted to the Assignors by the
Government of India under the Patents Act, 1970, together with the Assignors' full right of
action, powers and benefits arising, accruing or belonging to the Assignors in connection with
the said patent:
TO HOLD the same unto the Assignee absolutely and the Assignors do and each of them
doth hereby covenant with the Assignee that:
a. The Assignors have full right and absolute authority to assign the said patent in the manner
aforesaid.
b. The patent is free and clear from all encumbrances and claims and the Assignors shall keep
the Assignee indemnified against any such claim.
c. The Assignee shall be entitled to hold and use the said patent exclusively so long as the
patent exists and earn and enjoy the profits or income there from; peaceably and without any
objection or interruption on the part of the Assignors or persons claiming under them.
d. The Assignors will execute any further deed as may be required for further and more
perfectly assuring the said patent unto the Assignee.
27 | P a g e

IN WITNESS WHEREOF the Assignors have put their hands the day and year first
hereinabove written.
The Schedule above referred
Signed and delivered by
The within named Assignors
(1)
(2) and
(3) being
The partners of M/s
In presence of
28 | P a g e

Deed for Assignment of Copyright

THIS DEED OF ASSIGNMENT is made at this day of

between Mr. A residing at hereinafter referred to as the Author of the One Part
and Mr. B carrying on business at hereinafter referred to as the Publisher of the Other
Part.
WHEREAS:
1. The Author has written a book entitled (hereinafter called "the said book")
and desires to publish the same.
2. The author is the absolute owner of the copyright in the book. The copyright is registered
with the Registrar of Copyrights in .
3. The publisher's representative has scrutinized in detail and to his satisfaction the
manuscript of the book and has offered to purchase the copyright in the said book for the
purpose of publication.
4. The Author has agreed to do so in consideration of the Publisher paying him a sum of
Rs as lump sum royalty and on the following terms and conditions agreed to
between the parties.
NOW THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration
of the Publisher paying to the Author a sum of Rs on the execution of the
Agreement (receipt whereof the author admits) he the Author hereby assigns to the Publisher
the Copyright in the said book
TO HOLD the same unto the Publisher absolutely throughout India and subject to
reservations hereinafter contained:
1. And the Publisher agrees and undertakes that the said assignment is restricted to publish
the said book in India only and the Publisher shall not without the prior consent in writing of
the author, publish any translation thereof in any other language and shall not allow it to be
exploited for converting into a play or any cinematographic film or any Television serial.
2. The Publisher undertakes to mention in the first edition, all reprints and subsequent
editions the name of the author as author of the book.
3. The Author hereby warrants to the Publisher that:
a. The Author is the exclusive owner of the copy right in the said book and he has not
assigned the Copyright in or given license to use the copy right to anybody else or
encumbered the same or done anything so as to prevent him from assigning the said right.
b. That the said book does not contain any defamatory obscene or otherwise objectionable
matter; and
c. That the contents of the current edition of the said book are the original work of the author
and do not constitute breach of copyright vesting in any other person/s. Where limited
extracts have been taken from other published or unpublished works in which copyright vests
in other person/s proper acknowledgement has been made in the book.
29 | P a g e

d. That if the publisher requires any other person/s to assist the author in preparing
subsequent editions of the book the names of those persons will also be mentioned as joint
author/s of the book. And the author will do and execute such other acts or deeds, if required,
to confer entire copyright in the said book and as hereby assigned as may be necessary.
e. That he will not publish either himself or through any other publisher an abridgment of the
said book or any other book on the same subject and which would be competing with the
book or get it published by any other person so long as the said book which is the subject
matter of the present is being published by the Publisher and sold in the market.
f. That the publisher shall have the right to get the second and subsequent editions of the
book prepared by either the author or any other person of the publisher's choice. If the
publisher requires the author to prepare the second or any subsequent edition, the author
undertakes that he will re-edit the said book at the time of publishing second edition thereof
and to make it up to date when required by the Publisher. In case of authors failure to do so,
the Publisher will be entitled to get the book re-edited, enlarged or abridged through some
other author of the publisher's choice. For the said re-editing, the publisher will pay to the
author the sum of Rs.
/-. The author shall complete the re-editing within months of being
asked to do so by the publisher.
4. And the Author hereby agrees to:
a. Indemnify and keep indemnified the Publisher against all claims, proceedings, costs and
damages incurred or suffered or awarded or paid in respect of or arising out of any breach or
non-performance of any of the warranties on the part of the Author hereinbefore given or out
of any claim by a third party based on facts, which if substantiated would constitute a breach
or non-performance of such warranties.
b. The publisher shall have full right to assign the said copyright to publish the book in any
part of India, to any person.
5. Permit the Author to take copies of the book on publication free of cost.
6. In the event of any dispute or difference between the parties hereto arising out of or in
connection with this deed of whatsoever nature the same shall be referred to arbitration of a
common arbitrator if agreed upon, failing which to two Arbitrators one to be appointed by
each party to the Arbitration. The said Arbitrators shall appoint a presiding Arbitrator and the
Arbitration shall be governed by the Arbitration Act and Conciliation Act, 1996, or any
statutory modification thereof.
IN WITNESS WHEREOF the Assignor has put his hand the day and year hereinabove written.
Signed and delivered by the)
Within named Assignor Mr. A)
In the presence of.......)
30 | P a g e

DEED OF ASSIGNMENT OF A TRADE MARK (WITHOUT GOODWILL)

THIS DEED OF ASSIGNMENT made on this day of _ between

M/s , a Partnership firm with its principal office at
hereinafter referred to as "the Assignor" (which expression shall unless contrary
to the context or meaning thereof include the partners for the time being or any alteration
thereof, their successors, executors, administrators, legal representatives and assigns) of the
one part.

AND

Sh. S/o r/o hereinafter referred to as

"the Assignee" (which expression shall unless contrary to the context or meaning thereof
including his successors, executors, administrators, legal representatives and assigns) of the
other part.

WHEREAS

1. The Assignor being proprietor in India of some Registered Trade Mark, as details given
in schedule annexed hereto (hereinafter referred to as "the trade marks").

2. The Assignee has asked the assignor and assignor has consented to transfer the said
trade marks to the Assignee but excluding the goodwill of the business in the goods under
which the said trade marks have been registered on the terms/conditions hereinafter
appearing.

NOW THIS DEED WITNESSETH AS FOLLOWS:

That per the said agreement and in consideration of the sum of Rs. (Rupees
only) paid by the assignee to the assignor (which receipt is
acknowledged by assignor) the assignor being proprietor of the said trade marks hereby
transfers to the assignee the said trade marks more specifically stated in the schedule annexed
31 | P a g e

hereto and TO HOLD the same unto the assignee.

IN WITNESS WHERE OF, the parties hereunto have signed this day of
.

(The Schedule here in above referred to)

The Assignor

The Assignee

Witness:

1.

2.
 32 | P a g e

FORMAT OF APPLICATION FOR SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION

ACT-2005

Application ID No. : IITR/MS/RTI- (For official

use) To
The Public Information Officer/ Asstt. Public Information Officer, Indian Institute of
Technology Roorkee
1. Name of the Applicant :
2. Address

3. Particulars of information (a) Concerned Office/Department

: (b)Particulars of information required
(i) Details of information required :
(ii) Period for which information asked for:
(iii) Other details
4. Format in which information is required:
5. Mode of delivery expected (ordinary post, speed post, by courier, by hand, through
internet or e-mail, by fax etc.). Additional fee may be charged to cover the cost of
delivery.
6. The information can be furnished within 30 days as prescribed under Section 6 (1)/ the
information sought for concerns my life and liberty, therefore the information may be
furnished to me within 48 hours (Please delete the inapplicable portion).
7. Without prejudice to my rights under the RTI Act 2005, to facilitate faster retrieval of
information, I would like to state that the information could be available
in. .........................(please indicate the name of concerned Office/Department of the
Institute).
8. I state that the information sought does not fall within the restrictions contained in
section 8 and 9 of the Act and to the best of my knowledge it pertains to your office.
9. I also state that I am a citizen of India and I am eligible to seek information under
the Right to Information Act 2005.
10. (i) A fee of Rs. has been deposited in the Finance & Accounts
Office of the Institute vide Receipt No. dated , or (ii) A
Postal Order/Bank Draft No. dated is enclosed, or
(iii)The applicant is not liable to pay any fee because he/she is below the poverty line (proof
is attached). (Please tick one and delete the remaining two options)
Place:
Date :
(Name & Signature) Postal Address:
E-mail address: Tel
No.
33 | P a g e

INFRINGEMENT OF TRADEMARK

IN THE HON’BLE CITY CIVIL COURT OF AHMEDABAD

At: Ahmedabad

Regular Civil Suit No: of 2013

Plaintiff :

Versus

Defendant:

SUIT FOR PPERMANENT INJUNCTION RESTRAINING INFRINGEMENT OF

TRADEMARK, UNFAIR COMPETATION, RENDITION OF ACCOUNTS OF
PROFITS/DAMAGES, DELIVERY UP, ETC.

Suit Valued Rs: /

The plaintiff most respectfully state and submit as hereunder:

1. That, the plaintiff is a company incorporated under the Indian Companies Act, 1956
having its registered office at the address mentioned in the cause title of the plaint.

2. The plaintiff carries on business as manufacturing and merchant of Flexible

Polyurethane Foam (hereinafter referred to as “the goods”) having very high reputation and
goodwill in the market. The plaintiff is the Registered Proprietor of the Trademark
word per se and label per se.

3. The products of the plaintiff are known for their high quality and standards of their
consumers. As a result of constant sales and high quality of standards, the present plaintiff
have maintained & established their high reputation and goodwill in the market. To
popularizing their product, the plaintiff who advertise the mark by periodical advertisement,
wall painting,
34 | P a g e

free sampling and in other manner who spend tremendous amount of labour and skill and
earn tremendous reputation and goodwill, as a result of which, when purchaser who referred
word per se and label per se and believed that the goods of plaintiff only and
none else.

4. The plaintiff products flexible polyurethane foam is manufacturing and merchandise

under the trade mark _ in a distinctive trade dress and packaging. The
packaging has been extensively used and advertised by the plaintiff in
connection with a Flexible Polyurethane Foam and is the largest distributed brand in its
category Flexible Polyurethane Foam and the entire related products category. The plaintiff
was using Trade Mark since _ and over the years, it has
grown from strength to strength. The plaintiff _ is the market leader in the
Flexible Polyurethane Foam and enjoys huge trust amongst its consumers.

5. The plaintiff is claiming to be Registered Proprietor of the trade mark

under The Trade Marks Act, 1999 and having Trademark Registration vide Registered No:
in Class and Registered No: in Class
. The plaintiff application no: is pending. The plaintiff,
who has adopted & used trade mark honestly and concurrently being the Registered
Proprietor of the trade mark , also has a statutory right under the provision of Section
29 of The Trade Marks Act, 1999, (herein referred to as “the Act”) including right to obtain
relief against infringement of trademark action thereof. The trade mark is also
being used by the plaintiff in conjunction with the mark in relation to Flexible Polyurethane
Foam. Any unauthorized use of a trade mark which is deceptively similar / identically similar
to the trade mark of the plaintiff’ in respect of Flexible Polyurethane Foam
would constitute violation of plaintiffs’ statutory right of use thereof and amounting to
infringement of trademark under the provisions of Section 29 of the Act. Such use being
illegal trade activity is liable to be injuncted forthwith by this Hon’ble Court.

6. The plaintiff have used and marketed Flexible Polyurethane Foam under the trade mark
in a distinctive style and packaging since the year . The
plaintiff packaging has unique and impressive in overall get up and visual
features of which, when arranged together, render a distinctive visual appearance thereto.

7. Thus, on account of prior adoption, continuous and genuine substantial commercial

use, extensive and intense advertising campaign, marketing network, voluminous sales and
painstaking quality control, the trade mark and packaging pertaining thereto
has come about to acquire tremendous goodwill and reputation amongst the members of the
public and the trade. The formidable goodwill and reputation achieved by the trade mark
by its distinct packaging is itself a valuable intellectual property that belong
to the plaintiffs and need to be protected by this Hon’ble Court against misuse or
misappropriation by unscrupulous and dishonest trades who in order to take undue advantage
and benefit arising thereof promote and sell their own products either by imitating the trade
35 | P a g e

mark dishonestly. Any unauthorized use of a trade mark _ by

members of the trade entirely constitutes acts of infringement of trademark, unfair
competition.

8. The consumers at large and trade in particular distinguish, identify and associate the
mark when used in relation to Flexible Polyurethane Foam such goods
to the plaintiff and none else. The trade mark has thus becomes
synonymous of a brand owned by the plaintiffs indicating sources and origin of goods
which are known for quality and high standard. The plaintiff is claiming to be proprietor
of the trade mark
, thereby having statutory right to use thereof in relation to goods, either
with or without any prefix or suffix in relation to Flexible Polyurethane Foam and the use
of the said trade mark or a deceptively similar version thereof by any unauthorized user in
relation to same goods products would lead to confusion or deception leading to
infringement of registered trademark.

9. The present plaintiff gets information that some spurious goods containing trademark
and which is sold unbilled in the market. On basis of information and from
verification , the plaintiff find out that the goods is Manufacturing and sold by

. The present plaintiff surprised and

shocked that the present defendants are manufacturing and selling substandard and
spurious mattresses, pillows, cushions, furniture, mirrors, picture frames, goods ( soap,
washing soap & detergents cake & detergent powder under the trademark .
The impugned trademarks are imitations of plaintiffs’ trade mark
and their packaging. As, the present plaintiff obtains a search in
Government website: www.ipindia.nic.in and find out that the present defendant
applied for registration for same and similar trademark vide No. . The
defendant Trademark Application No: are opposed by the .

10. The plaintiff most respectfully and state and submit that the by the using the same
and/or similar trademark which amount to be infringement of trademark and the defendants
are infringing statutory right of the plaintiff, hence order of injunction should be granted in
favour of the plaintiff and against the defendants.

11. It come to the knowledge of the plaintiffs in the through their field
marketing officer that the defendants are selling different varieties of mattresses, pillows
cushions, furniture, mirrors, picture frames, goods(not included in other classes) of wood,
cork, reed cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother of pearl,
meerschaum and substitutes for all theses material or plastics and all goods under the
impugned trade mark
which are slavish imitation of plaintiffs’ trademark .

12. The plaintiffs have no other alternate remedy but to file present suit against the
defendant who cause very serious injury which create heavy loss. However, the defendant
 36 | P a g e

are deliberately, malafiedly, knowingly marketing their different varieties of mattresses,

pillows cushions, furniture, mirrors, picture frames, goods(not included in other classes)
of wood, cork, reed cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother of
pearl, meerschaum and substitutes for all theses material or plastics and all goods under
the trade mark which is out rightly same trademark and fraudulent imitation of
plaintiffs’ trade mark pertaining as depicted herein above and its clearly
establishes the fraudulent conduct and malafied and dishonest intention of the defendant;

i.The defendant had full knowledge that, the plaintiff who honestly and bonafiedly adopted
Trade Mark in year _ and the defendant had full
knowledge that plaintiff honestly, openly, legally, uninterruptedly using Trade Mark
in the course of trade since .

ii.The defendant have adopted the trade mark for its Flexible
Polyurethane Foam which is an imitation of and is structurally, phonetically and
visually same and similar as well as identically and/or deceptively similar to the
plaintiffs’ reputed trade mark ;

iii.The defendant have further deliberately imitated the distinctive and

have written in an identical manner;

13. The use of impugned trade mark thereto by the defendants, in

relation to the aforementioned goods amounts to misrepresentation and misappropriation of
plaintiffs’ goodwill in the trade mark . Such act constitutes unfair competition.

14. The defendants are actually committing multiple offences and a fraud upon members
of purchasing public. Considering that the goods in question are different varieties of
mattresses, pillows cushions, furniture, mirrors, picture frames, goods(not included in
other classes) of wood, cork, reed cane, wicker, horn, bone, ivory, whalebone, shell,
amber, mother of pearl, meerschaum and substitutes for all theses material or plastics
having direct bearing on the health of the consumers and the fact that such goods are
manufactured and marketed without any quality control or mechanism to maintain quality
or safety of the products, the defendant are conspiring and abetting sale of different
varieties of mattresses, pillows cushions, furniture, mirrors, picture frames, goods(not
included in other classes) of wood, cork, reed cane, wicker, horn, bone, ivory, whalebone,
shell, amber, mother of pearl, meerschaum and substitutes for all theses material or
plastics in infringement of trademark. The defendants are enabling other dishonest
retailers to make further misrepresentation to consumers, about the sources and
origin of such goods by using trade mark
which are deceptively similar to the plaintiffs’ trade mark
which are outright and fraudulent imitation of plaintiffs’ trademark
.

15. The defendant who recently started manufacturing and marketing the goods bearing
trademark within territorial jurisdiction of this Hon’ble Court at
 37 | P a g e

Ahmedabad and infringe statutory right of plaintiff within territorial jurisdiction of this
Hon’ble Court without sales bill. Thus the defendants are doing fraudulent activity within
territorial jurisdiction of this Hon’ble Court. The plaintiff is carrying on business and
monetary gain within territorial jurisdiction of this Hon’ble Court.

16. The use of the impugned trade mark , their similarity to plaintiff
trade mark , coupled with overall
similarity between the trademark
means same and similar by the defendants in course of trade and in relation
to different varieties of mattresses, pillows cushions, furniture, mirrors, picture frames,
goods(not included in other classes) of wood, cork, reed cane, wicker, horn, bone, ivory,
whalebone, shell, amber, mother of pearl, meerschaum and substitutes for all theses material
or plastics are likely to cause confusion or deception not only qua goods but also about the
source and origin or a trade connection, nexus or trade association, license or franchise
arrangement between the defendant as of plaintiff. The present defendant dishonestly,
malafiedly encash goodwill and reputation of the plaintiff trade mark . The
plaintiff’s consumers at large likely to believe that they are purchasing the goods of plaintiff
which is high standard and quality of Flexible Polyurethane Foam,
manufactured and marketed by the present defendant. Any deficiency in quality related to
different varieties of mattresses, pillows cushions, furniture, mirrors, picture frames,
goods(not included in other classes) of wood, cork, reed cane, wicker, horn, bone, ivory,
whalebone, shell, amber, mother of pearl, meerschaum and substitutes for all theses material
or plastics manufactured and marketed by the defendant under the phonetically, visually
identical same or similar trade mark will directly and adversely affect and cause irreparable
prejudice, damage and injury to the goodwill and reputation that exists in the brands
of the plaintiff. Such damage to the goodwill and reputation of the brands
of the plaintiffs, unless injuncted immediately, will cause irreparable,
colossal and beyond any monetary compensation, which cannot be measured or compensated
in terms of money. The plaintiffs have no information about the defendant who sale spurious
goods by false trade description and infringement of trademark therefore, not in a position to
measured or able to assess the quantum of damages at this point.

i.The plaintiffs have no objection to the defendant continuing with the business of
manufacturing and selling different varieties of mattresses, pillows cushions, furniture,
mirrors, picture frames, goods(not included in other classes) of wood, cork, reed cane,
wicker, horn, bone, ivory, whalebone, shell, amber, mother of pearl, meerschaum and
substitutes for all theses material or plastics. However, the grievance of the plaintiff is that the
defendants have dishonestly, fraudulently and deliberately adopted impugned trade mark _
as same and similar trademark which are visually, structurally and phonetically
similar to the plaintiffs’ trade mark _ . The defendant have further
slavishly imitated trademark for their substandard and spurious different varieties
of mattresses, pillows cushions, furniture, mirrors, picture frames, goods(not included in
other classes) of wood, cork, reed cane, wicker, horn, bone, ivory, whalebone, shell, amber,
mother of pearl, meerschaum and substitutes for all theses material or plastics such
calculative and dishonest adoption and use of the impugned mark
by the defendant constitutes acts of
38 | P a g e

infringement of trademark and unfair trade competition. The use of the impugned trade mark
and the pertaining thereto by the defendant are likely to cause confusion or
deception for following reasons :

a. The impugned trade mark is same and similar trademark and

phonetically, structurally and visually similar to the structure and visual font and style of the
trade mark .

b. The impugned trade mark are likely to be confused with

the trade mark on account of those person who use said
goods with average intelligence with imperfect recollection, being used in
relation to same goods;

ii.The use of the impugned trade mark by the defendant which have
overall same and similar trademark, arrangement and identical similarity with
trade mark is deliberate, calculated and designed to confuse the
consumers, because of the defendant had full knowledge that this goods has been
used by literate, the semi literate or illiterate. The impugned are
slavish imitation of plaintiffs’ by the defendant, calculated to
lead to confusion and deception amongst consumers at large about the sources and
origin of the products marketed by the defendant. The consumers are likely to be
confused or deceived into buying the defendants’ goods for those of the plaintiffs
and plaintiffs had faced irreparable injury which cannot compensated in terms of
money. Considering that the defendant have no quality control or mechanism to
maintain quality, the sale of products filed in the infringing trademark by the
defendants ought to be injuncted by this Hon’ble Court on urgent basis. The
defendants are making misrepresentation of the source and origin of their goods;
type of goods and committing acts of unfair competition.

iii.The confusion is also likely as the consumers do not have competing goods for
comparison before them while effecting purchase of plaintiffs’ products. Such use
is malafied, fraudulent, tainted and motivated to trade upon the goodwill and
reputation that vest in the plaintiffs trade mark _ and enables the
defendants to infringing statutory right and business for those of the plaintiffs.

17. The use of the impugned trade mark slavish imitation of plaintiffs’
trademark, by the defendants, constitute acts of unfair competition in as
much as the defendant are encash plaintiffs’ goodwill for sale of different varieties of
mattresses, pillows cushions, furniture, mirrors, picture frames, goods(not included in other
classes) of wood, cork, reed cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother
of pearl, meerschaum and substitutes for all theses material or plastics manufactured and
marketed by the defendant. The defendant is also taking undue advantage of all financial and
human resource invested by the plaintiffs without incurring any cost themselves. The
defendant is further competing with the plaintiff in the same field of activates and selling
their products
39 | P a g e

thereby taking advantage of brand equity built up by the plaintiffs in the trade mark
.

18. The conduct of the defendant is malafied, dishonest, unethical, unlawful and solely
motivated to encash upon the goodwill and reputation of the plaintiffs trade mark
. So as to earn easy and illegal profits by infringing their Desire different
varieties of mattresses, pillows cushions, furniture, mirrors, picture frames, goods(not
included in other classes) of wood, cork, reed cane, wicker, horn, bone, ivory, whalebone,
shell, amber, mother of pearl, meerschaum and substitutes for all theses material or plastics
for those of the plaintiffs and abetting their use for sale of substandard products. The
defendant is actually committing multiple offence and fraud upon members of purchasing
public.

19. The defendants have misappropriated the goodwill and reputations owned by the
plaintiffs in the distinctive trade mark pertaining thereto. The defendants are
causing irreparable damage and injury to the plaintiffs on account of their illegal trade
activities, which is beyond quantification or compensation. The plaintiffs believe that they are
entitled to compensatory as well as penal damages must be paid by the defendant.
Furthermore, apart from the injury to the plaintiff, it is the injury to the purchasing public at
large which is being misled into purchasing the goods packaged under the infringing
packaging of the defendant that has to be urgently protected by this Hon’ble Court. The
injury to the goodwill and reputation of the plaintiffs and to the members of the purchasing
public can no way be assessed, quantified or compensated and, therefore the illegal trade
activities of the defendant ought to be restrained immediately by an order of injunction
passed by this Hon’ble Court.

20. The cause of action for institution of the present suit arose in the when
the plaintiffs came to know about sale of different varieties of mattresses, pillows cushions,
furniture, mirrors, picture frames, goods(not included in other classes) of wood, cork, reed
cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother of pearl, meerschaum and
substitutes for all theses material or plastics which has been purchased by the customers of
the plaintiffs and they have given complain to the plaintiffs office and state that some of the
person are doing unlawful activity by using same or similar trademark in which plaintiffs
trademark wherein the defendant are doing the same fraudulent activity in the name of
plaintiff.

Hence, the plaintiff most respectfully state and submit that looking to the above acts of
defendant, a local court commissioner should be appointed in the interest of justice and the
court commissioner will take inventory of the defendant place, and give the necessary
report for the same to this Hon’ble Court in which the defendant are doing the unlawfully
activity within territorial jurisdiction of this Hon’ble Court. The application for the court
commission is separately filed herewith. Hence, the cause of action is made within the
territorial jurisdiction this Hon’ble Court because the plaintiff are registered
proprietor of trademark
and the plaintiff company carry on business, personally works for gain and
doing their business activity and works for the gain within territorial jurisdiction of this
Hon’ble Court and moreover under section 134 of the Trademarks Act, 1999 and Section 20
40 | P a g e
of Code of Civil Procedure this Court have empower to decide and dispose the present suit,
further that
41 | P a g e

the, defendant, their involvement and activities in manufacturing, selling, supplying,

distributing and dealing in the illegal activities pertaining to the impugned trade mark
taken place at Ahmedabad within Jurisdiction of this Hon’ble Court. The
said cause of action is recurring one and continues to subsist till the defendants is restrained
by an order of injunction passed by this Hon’ble Court, from manufacturing, dealing on or
selling different varieties of mattresses, pillows cushions, furniture, mirrors, picture frames,
goods(not included in other classes) of wood, cork, reed cane, wicker, horn, bone, ivory,
whalebone, shell, amber, mother of pearl, meerschaum and substitutes for all theses material
or plastics under the impugned trade mark .

21. The plaintiffs doing their business since continuously,

uninterruptedly, honestly, legally, openly in respect of Flexible Polyurethane Foam hence the
plaintiff case is prima facie, furthermore the plaintiffs and the defendant are doing same
business activity. Hence, balance of convenience is entirely favour of plaintiff and against the
defendant if the defendant cannot be restrain by way order of injunction then the plaintiff will
suffer irreparable injury which cannot be compensated in terms of money and money is not
adequate remedy for the present issue and furthermore the defendant is newly one and they
have recently adopted the trademark . Hence, if they can restrain they
cannot suffer irreparable injury. But the refusing the injunction the plaintiff will suffer great
hardship and injury hence order of injunction should be granted in favour of the plaintiff and
against the defendant.

22. That, the present defendant’s illegal act and offence which cause very serious injury
and the same is not accountable in terms of money. The present plaintiff is claiming to be a
proprietor and honest bonafied adopter and honestly, legally, openly, uninterruptedly,
continuously, user since 1986 who earn huge reputation and tremendous goodwill of
. The balance of convenience in the favour of plaintiff and against present
defendant.

23. In the aforesaid premises, and in the interest of justice, the plaintiffs most respectfully
pray that this Hon’ble Court may be graciously pleased to grant the following reliefs:

a. A decree for permanent injunction restraining the defendants, their directors as the
case may be, their assigns in business, distributors, licensees and dealers from manufacturing,
selling, offering for sale, advertising, directly or indirectly dealing different varieties of
mattresses, pillows cushions, furniture, mirrors, picture frames, goods(not included in other
classes) of wood, cork, reed cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother
of pearl, meerschaum and substitutes for all theses material or plastics under the impugned
or any other trademark, amounting to infringement of trademark of the
plaintiffs therein.

b. A decree for permanent injunction restraining the defendants, their director as the
case may be, their assign in business, distributors, licensees and dealers from
manufacturing, selling, offering for sale, advertising, directly or indirectly dealing
42 | P a g e

in different varieties of mattresses, pillows cushions, furniture, mirrors, picture

frames, goods(not included in other classes) of wood, cork, reed cane, wicker,
horn, bone, ivory, whalebone, shell, amber, mother of pearl, meerschaum and
substitutes for all theses material or plastics under the impugned trade mark
pertaining
thereto or any other trade mark or packaging as may be identical to or deceptively
similar with the plaintiffs’ trade mark packaging
pertaining thereto as may lead to confusion or deception amounting to
infringement trademark and defendants’ goods or business for those of the
plaintiffs or as may amount to unfair competition;

c. A decree directing the defendants to the deliver up all the infringing and
impugned packaging, printed rolls of infringing packaging, machinery and
equipments used in printing the infringing packaging, printing cylinders, their
blocks, negatives or dyes, as the case may be, to an authorized representative of
the plaintiffs for destruction and also provide the details of the other persons
involves in printing the infringing packing’s;

d. Any other order as this Hon’ble Court deems fit and proper in the facts and
circumstances of this case.

24. The plaintiff’s rely upon the documents filed with this plaint and reserves its right to
produce further documents as and when required and/or ordered for by the Hon’ble Court.

25. The Vakalatnama, list of documents and copies for the defendants are attached
herewith.

26. For the purposes of court fees, advocate fees and jurisdiction, the suit is valued at Rs:
and Court Fee Stamp of Rs: is affixed. The plaintiff further undertakes to affix
necessary court fee stamp if, required, and/or ordered by the Hon’ble Court.

27. The plaintiff reserves its right to add, amend or alter the plaint as and when required
and/or ordered by the Hon’ble Court.

28. The address of the plaintiff, as shown in the cause title is correct, and this statement is
made, as required under Order (VI) Rule 14 (A) of the Code of Civil Procedure, 1908.

29. Affidavit in support of the suit is filed herewith.

Date:

Place: Ahmedabad.

Plaint drawn by
43 | P a g e

( )
Advocate for the
plaintiff
VERIFICATION

I, , do hereby verify that the contents of paragraph 1 to 22 of the plaint are

true to my knowledge derived from the records of the plaintiffs and those of paragraphs are
based upon information and legal advice received and I believed to be true. The contents of
paragraph 23 are prayer before this Hon’ble Court.

Declared at Ahmedabad on day of

44 | P a g e

SUIT FOR INFRINGEMENT OF COPYRIGHT

IN THE HON’BLE CITY CIVIL COURT OF AHMEDABAD

At: Ahmedabad.

Civil Suit No: of 2016

Plaintiff :

Versus

Defendant:

SUIT FOR PERPETUAL INJUNCTION AND DAMAGES

SUIT FOR INFRINGEMENT OF COPYRIGHT

Suit Valued at Rs.

The plaintiff above named most respectfully begs to submit and state as under:

1. The plaintiff’s company registered under the Indian Companies Act, 1956, having
registered office at the address mention in the cause title of the plaint. The plaintiff submit
that is a director and authorized person of the plaintiff company.
A copy of board resolution of the plaintiff company is produced herewith. The copy of
the company’s incorporation certificate, memorandum and article of association are
produced herewith. The copy of the plaintiff incorporation certificate and memorandum
and article of association annexed herewith as Annexure–A and board resolution of the
plaintiff company is annexed herewith as Annexure-B.

2. The defendant is also engaged in designing and manufacturing of engineering goods,

machineries, equipments, tolls, parts, spare parts, components, accessories and appliances
thereof. The defendant is manufacturing the infringing machines and parts using the
registered copyright of the plaintiff. The plaintiff is exactly not aware about business
constitution of the
45 | P a g e

defendant and therefore, reserves the right to amend or alter the plaint, if necessary after the
defendant declares the exact constitution before Hon’ble Court.

3. The plaintiff company

(herein after referred to as “the
plaintiff company”) is establish in the year . The plaintiff is engaged in business of
manufacturing and marketing for all kinds of engineering goods, machineries, equipments,
tolls, parts, spare parts, components, accessories and appliances thereof.

4. That the plaintiff company submit that, Mr. had

prepared, created and develop the drawings of

in the year _ by applying their creativity, skill, labour and time. (hereinafter to
referred to as “the said drawings”). The drawings created by
are very innovative in nature and revolutionary for the industries.
is an author of the said drawings which subsequently assigned
to the plaintiff company.

5. The plaintiff submits that because of growth of business and development, the
plaintiff company was incorporated. The plaintiff submits that the drawings created and
developed by
in and thereafter, it was assigned to the plaintiff company for having
Statutory Right under the Copyright as Under:

Sr. No. Title of Work Artistic Work Registration Number

1.

2.

3.

4.

5.

6.

The copy of the registration certificate of the Title;

are annexed herewith as Annexure-C1, C2,
C3, C4, C5, C6.

6. The plaintiffs is the registered owner of Copyright in the drawings and is entitled to
exclusive right to publish and reproduce the drawings whether two dimensionally or three
dimensionally which is used in machine, hence, by way of exclusive right the plaintiffs
are exclusively entitled to manufacture and selling of machine. The plaintiff has huge sales
turnover and same is annexed herewith as Annexure – D and also reproduce as under:-
46 | P a g e

n Rupees

7. The defendant is manufacturer / exporters / wholesale suppliers of the said machines

by using the drawings of the plaintiff and infringing the copyright protected drawing using in
three dimensions work and two dimensions work of the plaintiff and substantially materially
reproduced the copyright of the plaintiff. The act of the defendant is nothing but unauthorized
act and not permissible under the copyright law. The plaintiff submits that act of the
defendant is never consented or licensed by the plaintiff and therefore, also it is crystal clear
encroachment on plaintiff’s exclusive rights.

8. The plaintiffs came to know that on through market sources that the
defendant’s is manufacturer / exporters / wholesale suppliers and parts which is nothing but a
copy of registered copyright of the plaintiff company. Moreover, the defendant is having full
knowledge of the reputation and goodwill of the plaintiff therefore they are falsely
representing through their Catalogue and publish various machines
namely the
, (herei
nafter to referred to as “impugned drawings”). The copy of defendant’s Catalogue is
annexed herewith as Annexure-E. The plaintiff’s further submit that, the defendant
publish the
impugned drawing through their website: ; and offer for sale through all
over world and infringe the statutory rights of the plaintiff.

9. For the sake of clarity of present issue, the comparison of the plaintiffs and the
defendant two dimension and/or three dimension work as under:
47 | P a g e

The Plaintiff: The Defendant:

Shree Shakti Engineering (Gujarat) Private Limited Bhavin Industries

10. The plaintiff submits that the machine produced by the defendant is entirely based
upon the said drawings. The defendant unauthorisedly converted and misappropriated the
drawings and specification of plaintiff’s copyrighted drawing and have also infringe the
copyright of the plaintiffs by making machine by using artistic work of the plaintiffs the said
drawings. The defendant use the plaintiff’s registered artistic work– Drawings in two
dimensions to three dimensions in material form.

11. The plaintiff submits that the machine produced by the defendant is causing damage
and is further likely to cause immense damage to the plaintiffs business and reputation. The
plaintiffs submits that the plaintiff is carrying on their business for profit and works for gain
in within territorial jurisdiction of this Hon’ble Court. Therefore, this Hon’ble Court is
empowered to entertain present suit and grant reliefs as prayed for.

12. The cause of action on when plaintiff came to know through market
sources that the defendant’s is having full knowledge of the reputation and goodwill of the
plaintiff and they are falsely representing through their Catalogue and publish various
machines namely the ,
(hereinafter to referred to as “impugned drawings”). The plaintiff submit that the defendant
falsely representing the impugned drawings in book catalogue found publish in public, offer
for sale and exhibit in public in material form and selling the impugned drawings originated
of the plaintiffs without sales invoice in the market. The impugned drawings, which is
reproduction of original artistic work of the plaintiffs, hence the defendant illegal acts of
adoption of the impugned drawings and thereafter, continues arise “de die in dem” till the
defendant is restrained from committing the illegal act of infringement of copyright. The
plaintiffs say and submit that thus, the cause of action in respect of the infringement of
copyright committed by the defendant in adopting the impugned drawings is continuous and
recurring one and is arising day to day until the defendant is restrained by the injunction order
of this Hon’ble Court from infringing statutory rights of the plaintiffs any further. The
defendant spuriously and malafiedly infringe the right of the plaintiff and selling the
impugned drawings. It is also true and corrects that after gaining all knowledge of plaintiffs
rights, reputation, goodwill knowingly and dishonestly use impugned drawings as of the said
drawings of the plaintiff which is plaintiffs copyright. The defendant fraudulently,
malafidely, deliberately publish and re-produced, exhibited impugned drawing. It is fact that
the purchaser user are not given to purchase the goods with empty packing but they had some
memory therefore the calculative malafidely dishonestly subsequently to deceived the general
public and the purchasing public. The said defendant malafidely just to encash reputation and
goodwill of the plaintiff.

13. The plaintiff humbly submits that, as per provision of the Copyright Act, this Hon’ble
Court having jurisdiction to entertain and try the present suit for the infringement of
copyright wide and ample power and jurisdiction to grant relief. The present plaintiffs have
exclusive and statutory right in Copyright and entitled for relief under provision of the
Copyright Act, 1957.
48 | P a g e

14. That the plaintiffs sustained serious and severe damages in the course of trade,
because, the defendant is fraudulently and malafidely using the impugned drawing of the said
drawings of the plaintiffs in the course of trade and that is too in the same trade channel. The
damages or losses so sustained by the plaintiff cannot be compensated in terms of money. So,
if defendant is not restrained through an injunction, the plaintiffs business shall continue to
suffer with heavy losses and damages, if the injunction against the defendant is not granted to
the plaintiffs, the plaintiffs may sustain heavy damages, which cannot at all be compensated
in terms of money. In view of plaintiffs standing in business, as stated hereinabove, and his
goodwill, reputation and proprietary right with respect of his copyright, defendant impugned
drawings activities have adversely affected diluted and tarnished plaintiff’s business to a
greater extent, so defendant is liable to pay damages to the plaintiffs.

15. Since it is difficult to calculate and quantify the monetary extent of losses at this stage
being the intellectual property and the use by the defendant is not aware to the plaintiff,
moreover, the registered copyright of the plaintiff company is valuable property moreover,
damage and irreparable loss to the plaintiff cannot be compensated in terms of money
therefore, at present, the plaintiff base their claim of damage of Rs. . The plaintiff
reserves the right to enhance the claim of damage after assessment of account of defendant.
The defendant is required to be directed to produce the statement of accounts by order of this
Hon’ble Court.

16. The plaintiff has file the present suit for permanent injunction restraining
infringement of copyright and damages and account of profit, etc along with injunction
application for the said drawings. The plaintiff is the registered proprietor of the drawings
copyright. Whereas, the defendant who malafidely and without permission using and selling
goods under impugned drawings. The defendant who deliberately adopted use of the
impugned drawings in course of trade which amount to be an dishonest adoption to take
advantage the valuable goodwill and reputation of the plaintiff herein and if this Hon’ble
Court have not granted an injunction in favour of the plaintiff then the plaintiff will suffer
irreparable loss which cannot be compensated in terms of money. The said defendants have
using and selling impugned drawings is recently to the plaintiff’s adoption. As per provision
of the Copyright Act the plaintiffs having proprietor of the copyright and having all rights to
restrain the defendant. Therefore, the plaintiffs made out prima facie case against the
defendant and balance of convenience entirely in favour of the plaintiff against the defendant.
The defendant slavishly and calculative adopted the said drawing of the plaintiffs to infringe
plaintiffs statutory right, thus also balance of convenience is in favour of the plaintiffs and
against the defendant. The defendant who deliberately adopted use of the impugned drawings
in course of trade which amount to be an dishonest adoption to take advantage the valuable
goodwill and reputation of the plaintiff herein and if this Hon’ble Court have not granted an
injunction in favour of the plaintiff then the plaintiff will suffer irreparable loss which cannot
be compensated in terms of money.

17. The plaintiffs therefore prays that:

a. The Hon’ble Court be pleased to restrain the defendant, their proprietor or partner or
director and servants, agents, dealers, distributors and all other person connected with them in
any manner may please be restrained by the decree of perpetual order and injunction of the
Hon’ble Court from manufacturing, selling, offering for sale, advertising, directly or
indirectly dealing in machines that are substantial imitation and reproduction of the said
drawings
49 | P a g e

copyright of the plaintiffs or from using in any other manner whatsoever the specification,
drawings and other manner about the said drawings of the plaintiffs thereof and thereby
infringing the statutory rights of the plaintiffs copyright;

(b) The Hon’ble Court be please to pass an order directing the defendant, their servants,
agents, dealers, distributors, and retailers to hand over all impugned drawings in two
dimension and/or three dimension goods, label, dies, printing and publishing material,
packing cartoon, stationery articles containing and/or consisting of the impugned
drawings of the defendant for destruction to the plaintiffs, as the said material amount
to infringement of plaintiff’s copyright;

(c) The Hon’ble Court be please to direct the defendant to render true and correct account
of their manufacturing and selling of the impugned drawings and after verifying the
books of account and ascertaining the profit made by the defendant, the defendant be
directed to pay the same to the plaintiff with interest from the suit till payment or
realization;

(d) The defendants be ordered to pay Rs. /-as base damage and the account
of profit earned by the defendants and loss caused to the plaintiff

(e) The Hon’ble Court may further be pleased to order the defendant to pay costs of this
litigation to the plaintiffs;

(f) Any other and further relief that may be deemed fit and proper be granted in favour of
the plaintiffs.

18. For purpose of Court fees, advocate fees and jurisdiction of this suit is filed and
valued at Rs: and court fees stamp Rs. is
affixed.

19. The plaintiffs rely upon the documents filed this plaint and reserve its right to produce
further documents as and when required and/or ordered for by the Hon’ble Court.

20. The Vakalatnama, list of documents and copies for the defendant are attached herewith.

21. The plaintiff reserves its right to add, amend or alter the plaint as and when required
and/or ordered by the Hon’ble Court.

22. The address of the plaintiff, as shown in the cause titled is correct, and this statement
is made, as required under Order (VI) Rule 14(A) of the Code of Civil Procedure, 1908.

23. Affidavit in support of the suit is filed herewith.

Date:

At: Ahmedabad
50 | P a g e

VERIFICATION

I, , Indian, Adult, Aged About Year, residing at Ahmedabad, the

director of the plaintiff company, do hereby verify that the contents of para-1 to para-16 of
the plaint are all true and correct to my knowledge and are based on the information received
and believed to be true by us and the contents of para-17 of the plaint are the prayers to the
Hon’ble Court.
,
Verified at Ahmedabad……….day of ……….
51 | P a g e

JUDGEMENT WRITING.

In the Court of The Subordinate Judge at Khammam

(Name of the Judge), B.A., B.L.,Subordinate Judge.

Thursday,the 20th day of June, 1978. Original Suit No. 35 of 1976.

Between:

Plaintiff.

And.

Defendant.

JUDGMENT

1. Suit to recover Rs. 5,337-50 towards principal and interest due on a promissory note dated
(date should be mentioned).

2. The averments in the plaint are as follows:-The defendant borrowed a sum of Rs. 5,000/-
from the plaintiff on… (date) for dalwa cultivation agreeing to repay the same with
compound interest at R.1.00 p.c. per hundred per mensem with yearly rests and executed a
pronote on the even date. The defendant did not repay the same inspite of demands and a
notice dated… (date on which the notice is given). Hence, the suit claiming interest at 5/2%
p.a. as the defendant is an agriculturist.
3. The defendant filed a written statement contending as follows:-This defendant never
borrowed any money from the plaintiff nor did he executed the suit pronote. It is a forged one
and is not supported by any consideration. The suit is liable to be dismissed with
compensatory costs.
4. On the pleadings the following issues were settled by my learned predecessor:-
1. Whether the suit pronote is true, valid and supported by consideration?

2. Whether the defendant is entitled to compensatory costs?

3. To what relief?

5. Issue 1:-It is the case of the plaintiff that the defendant borrowed Rs. 5,000/ from him
on…. (date) for dalwa cultivation agreeing to repay the same with compound interest at R.
1.00 p.c. per hundred per mensem with yearly rests and executed the pronote Ex. A-l on the
even date and did not repay inspite of demands and a notice, Office copy of which is Ex. A-2,
issued on
…….(date). It is the case of the defendant that the suit pronote is a forged one. He denied his
liability by giving the reply Ex. A-3 to the notice issued by the plaintiff.
52 | P a g e

6. The plaintiff as P.W. 1 stated that he knows the defendant from the days of his childhood,
that the defendant borrowed Rs. 5,000/- from him and executed the pronote Ex. A-l.
According to him, the defendant wrote the pronote in his own hand. DEF (Name), P.W. 2.
and GHI (Name), P.W. 3 are the attestors to the pronote and both of them supported the
plaintiff. P.W. 3 is the nephew of the plaintiff. P.W. 3’s sister is given in marriage to P.W. 2’s
son. But, according to P.W. 2 that marriage took place about an year ago i.e., long after the
execution of the suit pronote. P.W. 1 stated that the defendant brought P.W. 2 and 3 along
with him and executed the pronote at his house. P.W.s. 1 to 3 are residents of Malapalli and
the house of the defendant, who is a kapu, is admittedly at a distance. P.W.s 2 and 3 stated
that the defendant called them on his way and took them to the house of the plaintiff where he
executed the pronote. P.W.2 is working as a teacher, and I am impressed with his evidence.
Simply because
P.W.s 2 and 3 are related to the plaintiff their evidence cannot be rejected. P.W. 1 stated that
he sold 300 bags of paddy to Gopal Raju at Rs. 50/- per bag and that cash was in his hands
for about one month before he lent Rs. 5,000/- to the defendant. According to P.W. 1 he owns
Ac. 30-00 of land and he sells about 300 bags of paddy per year. His capacity to lend Rs.
5,000/- to the defendant cannot be doubted as the defendant in his evidence as D.W. 1
admitted that the plaintiff owns about Ac. 25-00 of wet land.

7. P.W. 1 admitted that there are two parties in the village one of Rajus and the other of
Kapus. The defendant’s brother is Achhayya alias Achhi Babu. It is gathered from the
evidence that Achhi Babu is leading Kapus and Gopal Raju is leading Kshatriyas. P.W. 1
admitted that Achhi Babu contested against Rajus in the last Panchayat Elections and was
defeated and that he and others supported Rajus. P.W.2 stated that he cannot say whether the
entire Malapalli supported Rajus. But, P.W. 3 admitted that all of them in Malapalli belongs
to Raju’s party. According to
D.W. 1 Panchayat Elections took place in ….(year) long after the date of suit pronote. It has
therefore no bearing on this case. D.W. 1 stated that there is enmity between him and the
plaintiff from 1966 due to elections. He admitted that neither he nor the plaintiff contested in
the elections. Though he stated that his brother Achhi Babu set up a candidate in 1966
elections he stated that he cannot say the names of the candidates. There is no personal
enemity between him and P.Ws 1 to 3. I cannot agree that P.W.s 1 to 3 have any motive to
perjure against the defendant.

8. P.Ws. 1 to 3 stated that the defendant wrote the pronote in his own hand. D.W. 1 stated that
he did not write the pronote and that the signature in Ex. A-l is not his signature. He admitted
that he is the scribe of the pronote Ex. A-4 executed by KLN (name) and another in favour of
Subba Laxmi. Ex. C-l is a copy of the suit pronote which the defendant was made to write in
Court when he made an application to send the suit pronote to an expert for comparison. On a
comparison of the writing in Ex. C-
1 with that in Ex. A-4 it is easy to see that he wrote the matter in Ex. C-l slowly and carefully
to disguise his hand-writing. On a comparison of the writing and signature in Ex. A-4 with
that in Ex. A-l and careful examination, it can be concluded without any hesitation that the
defendant wrote the pronote Ex. A-l in his own hand and signed. I do not hesitate to conclude
that the defendant set up a false plea of forgery. P.W. 1 stated that P.W. 2 and 3 signed as
attestors with the pen with which the defendant signed in Ex. A-l. P.W. 2 stated that he signed
with the pen with which the defendant signed and P.W. 3 stated that he signed with the pen
with which the defendant signed. It can be seen from Ex. A-l that the defendant and P.W. 2
signed with the same pen but the pen with which P.W. 3 signed appears to have a blunt end.
This discrepency in evidence does not in any way affect the truth of the plaintiffs case. I am
impressed with the evidence of P.W. 1 and I have no hesitation to accept the evidence of
P.Ws.
53 | P a g e

1 to 3 and conclude that the defendant borrowed Rs. 5,000/- from the plaintiff on….. (date)
and executed the pronote Ex.A-l find issue 1 in the affirmative.

9. Issue 2:-In view of my finding on issue 1, it follows; the defendant is not entitled to any
compensatory costs.

10. Issue 3:-In the result, the suit is decreed with costs.

Dictated to the short-hand writer, transcribed by him corrected and pronounced by me in open
Court, this 20th day of June, 1978.

(Sd.)…......(Signature of the Judge)

Subordinate Judge.

WITNESSES EXAMINED For Plaintiff: For Defendant:

1. Sri………………………………………………………………… 1. Sri………………

2. Sri………………… 2. Sri………………

3. Sri…………………

DOCUMENTS MARKED

For plaintiff:

Ex. A-l. Date…......Promissory note executed by the Defendant in favour of the plaintiff for
Rs. 5,000/-

A-2. Date…… Office copy of the registered notice got issued by Sri.. , Advocate for the
plaintiff Sri…. to the Defendant Sri….

A-3. Date……………… Reply registered notice got issued by Sri…. , Advocate for the
defendant.

A-4. Promissory note executed by KLN and another in favour of Smt. Subba Laxmi for Rs.
1,200/-. C-l. Date….....Copy of the suit promissory note written by the defendant in the
presence of Sheristadar of this Court.

For Defendant :-Nil…. (Sd) (Signature of the Judge)

Subordinate Judge.

(True Copy)