affidavit

Querist : Anonymous (Querist) 26 April 2010 This query is : Resolved
once an affidavit is submitted to the court and the same has been taken only on record and no order passed based on the affidavit. can the same may be withdrawn or amended, if yes under what provisions.

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Raj Kumar Makkad (Expert) 26 April 2010
What type of affidavit has been submitted?

What is the stage of the case?

Querist : Anonymous (Querist) 26 April 2010
A company filed suit for damages under IPR for using its trade mark against B. B negotiated with A and compromised agreed provided B changes existing label. B filed affidavit on first date itself but mistakenly in the affidavit change of name was also inserted which B is not willing to change name but label only. only one date was fixed on which affidavit filed and court fixed next date filing joint undertaking of compromise. your esteemed advised is solicited.

Kumar Thadhani (Expert) 26 April 2010
You can file fresh affidavit withot changing the name or label by dividing the area of operation. Supposing you are selling your goods in Mumbai stick to Mumbai jurisdition for selling the goods during the hearing of the court.

Raj Kumar Makkad (Expert) 26 April 2010
I do agree with Thadani.

Querist : Anonymous (Querist) 26 April 2010
sir, the question is whether we can file fresh affidavit along with application to the court with the prayer not to consider the earlier affidavit and fresh affidavit be taken on record. is it permissible under the law? area of operation does not arise, since suppose plaintiff is operating pan india level and respondent also expanding.

Gulshan Tanwar (Expert) 26 April 2010
with the permission of the Court, you can do so

Querist : Anonymous (Querist) 27 April 2010
thanks, got the advise

aman kumar (Expert) 27 April 2010
I do agree with Thadani

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