1997 (4) TMI 531

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r and Sarita Sehgal, Advs JUDGMENT Mahinder Narain,. (1) The appellant M/s Fenner India Ltd. instituted a suit against the respondent M/s Salbros Enterprises Pvt. Ltd. claiming that the respondents were passing-off Fenner's copyright in their logo. (2) The relief sought by the Fenner's was for rendition of accounts and injunction. They valued the amount claimed in this sui .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... out in the plaint itself. For a claim based on unsettled accounts, under Rule 4 aforesaid, the court fee payable is a fixed court fee which is to be paid on the plaint. It is not disputed that originally fixed court fee was paid. (4) We do not agree with the view expressed by the learned Single Judge that a suit for passing-off in which the accounts are sought, would be governed by rule 3. The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d the plaintiff can value the suit for the purposes of jurisdiction as he wishes it to be valued. (6) A Division Bench of this Court in M/s Commercial Aviation Travel Co. (Inc.) v. Vimla Panna Lal, AIR1986Delhi439 , has already held that suit for unsettled accounts have to be valued under Rule 4. While so holding, it followed a Full Bench judgment of this Court in 2nd 1974 (2) Del 491 as also .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X