1997 (4) TMI 531

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.....D. Chugh, Mohan Vidhani, S.K. Bansal, S.C. Chadha, H.P. Singh, C.M. Lal, Amit Kapur 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 re....

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....ocedure, 1908, an estimate of profits which are likely to be recovered is set 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 p....

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....Such suits are governed by Rule 4 of the Rules framed by the High Court and 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 fo....