USHA DRAGER PRIVATE LTD & ANR. vs DRAEGERWERK AKTIENGESELLSCHAFT & ORS.

Judgment text excerpt

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 14.01.2025 + CM(M) 2296/2024, CM APPL. 20369/2024 & CM APPL. 49082/2024 USHA DRAGER PRIVATE LTD & ANR. .....Petitioners Through: Mr. Manish Vashisht, Sr. Advocate with Mr. Vierat K. Anand, Mr. Kumar Shashank, Mr. Harish Nadda, Mr. Vikalp Singh, Ms. Apoorva Gulati & Mr. Vedansh Vashisht, Advocates versus DRAEGERWERK AKTIENGESELLSCHAFT & ORS. .....Respondents Through: Mr. Sudhir Makkar, Sr. Advocate with Ms. Shweta Bharti, Mr. J.K. Chaudhary, Ms. Sonali Khanna, Ms. Sukriti Verma, Ms. Vanshika Gupta & Ms. Adhya Shrotriya, Advocates CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. Present petition has been filed challenging the order dated 16.03.2024, passed by learned trial court in CS DJ-11859/2016 titled Signature Not Verified Digitally Signed CM(M) 2296/2024 Page 1 of 14 By:SUNITA KUMARI Signing Date:24.01.2025 14:53:45 “Usha Drager Private Ltd. & Anr. Vs. Draegerwerk Aktiengesellschaft & Ors.”, whereby, the application filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908 [“Code”] for amending the valuation of the suit for injunction and rendition of accounts was dismissed. 2. Before dwelling and discussing the merits of the order, it would be apposite to discuss the brief factual background of the case. 3. Petitioner filed a suit for permanent injunction and rendition of accounts arising out of the joint venture dated 09.05.1987 and Foreign Collaboration Agreement dated 20.02.1990. Originally, the suit was filed before this Court but was subsequently transferred to the District Court in February 2016, following changes in the pecuniary jurisdiction. The suit was valued at Rs. 1 lakh for the relief of rendition of accounts. 4. During the pe