vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1025 OF 2009 IN SUIT NO.1851OF 2007 Charak Pharmaceuticals (India) Ltd and anr ....Plaintiffs V/s. Glenmark Pharmaceuticals Ltd. ....Defendant Mr.Amit Jamsandekar a/w Mr. Utkarsh Tewari i/b Sunil & Co. for the Plaintiffs. Mr.Venkatesh Dhond, Sr. Counsel i/by Mahesh A Mohadgut, for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 12TH NOVEMBER, 2009. P.C. :- 1. This is the Plaintiff’s Chamber Summons for the amendment of the plaint. The action is for infringement and passing off. Plaintiff No.l and Plaintiff No.2 are sister concerns. 2. There is no objection to the amendment except to the extent that by the proposed amendment, the Plaintiffs seek to add averments to the effect that Plaintiff No.2 is using the mark “EVANOVA” since April 2002 under the control of Plaintiff No1; that the use of the mark by Plaintiff No.2 is for and on behalf of plaintiff No.l and that prior thereto, plaintiff No.2 had been selling the said goods manufactured by Plaintiff No.1. 3. I see no objection to this amendment being granted as well. The mere fact that in the affidavit in support, it is stated that the amendment is with a view of bringing subsequent facts on record would not bar the amendment even to this extent. The amendment also introduces the facts relating to the assignment of the mark by Plaintiff No.1 to Plaintiff No.2. The amendment does not alter the cause of action in any manner. Needless to say, the truth of what is stated therein would only be decided in the suit or in the Notice of Motion. 4. In the circumstances, Chamber Summons is made absolute in terms of prayer (a). The amendment to be carried out within two weeks.