FINTREE EDUCATION PVT LTD vs FINTREE FINANCE PRIVATE LIMITED

Judgment text excerpt

902-IA-L-8377-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 8377 OF 2025 IN COMMERCIAL IP SUIT NO. 234 OF 2021 FinTree Education Pvt. Ltd. & Anr. …Applicants/Plaintiffs Versus Fintree Finance Pvt. Ltd. …Respondent/Defendant _______ Mr. Hiren Kamod a/w. Mr. Anees Patel i/b. Ketan Dhavle, for the Applicants/Plaintiffs. Mr. Alankar Kirpekar a/w. Mr. Ayush Tiwari, Mr. Vishal Hegde, Mr. Rohit Maurya i/b. Samudra Legal LLP, for the Defendant. _______ CORAM : ARIF S. DOCTOR, J. RESERVED ON : 22nd JANUARY 2026 PRONOUNCED ON : 20th FEBRUARY 2026 JUDGMENT 1. The Applicants, who are the Plaintiffs in the captioned Suit, have filed the present Interim Application under the provisions of Order VI Rule 17 read with Section 151 of the Civil Procedure Code, 1908 (“CPC”), seeking to amend the Plaint as well as Notice of Motion (L) No. 14688 of 2019 by adding additional documents as well as pleadings. Page 1 of 31 Vaibhav 902-IA-L-8377-2025 A Brief Background: 2. On 23rd August 2012, Plaintiff No. 2 obtained registration of the mark FINTREE (“the Plaintiffs’ mark”) bearing No. 23845600 in class 41. 3. On 14th June 2019, the Plaintiffs filed the captioned Suit for infringement since the Defendants were using the mark / FINTREE (“the impugned mark”). The Plaintiffs also filed Notice of Motion (L) No. 14688 of 2019 under the provisions of Order XXXIX, Rules 1 and 2 of the CPC, seeking an injunction against the Defendant from using the impugned mark and infringing the registered trade mark of Plaintiff No.2. 4. The Defendant, on 3rd September 2019, filed an Affidavit in Reply to the Notice of Motion. 5. Since the Plaint as filed did not contain any prayer for passing off, the Applicant, on 2nd Decemb