Bombay High Court
Bharat Bhogilal Patel vs M/S. Goldiam International Limited And ... on 28 August, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
11.COMIP.141.14 wt...doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL IPR SUIT NO. 141 OF 2014
Bharat Bhogilal Patel ...Plaintiff
Versus
Allflex India Private Limited ...Defendant
WITH
COMMERCIAL IP SUIT NO. 177 OF 2018
WITH
COMMERCIAL IP SUIT NO. 865 OF 2018
WITH
COMMERCIAL IP SUIT NO. 297 OF 2018
WITH
COMMERCIAL IP SUIT NO. 153 OF 2018
WITH
COUNTER CLAIM NO. 12 OF 2019
IN
COMMERCIAL IP SUIT NO. 153 OF 2018
WITH
COMMERCIAL IP SUIT NO. 178 OF 2018
WITH
COMMERCIAL IP SUIT NO. 137 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 956 OF 2018
WITH
COUNTER CLAIM NO. 13 OF 2019
IN
COMMERCIAL IP SUIT NO. 137 OF 2018
WITH
COMMERCIAL IP SUIT NO. 485 OF 2018
WITH
COUNTER CLAIM NO. 2 OF 2019
WITH
IN PERSON APPLICATION NO. 54 OF 2018
IN
COMMERCIAL IP SUIT NO. 485 OF 2018
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WITH
COMMERCIAL IP SUIT NO. 487 OF 2018
WITH
COMMERCIAL IP SUIT NO. 348 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 600 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 582 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 686 OF 2017
WITH
COUNTER CLAIM NO. 1 OF 2019
IN
COMMERCIAL IP SUIT NO. 348 OF 2017
WITH
COMMERCIAL IP SUIT NO. 866 OF 2018
WITH
SUIT NO. 501 OF 2016
WITH
NOTICE OF MOTION NO. 262 OF 2017
IN
SUIT NO. 501 OF 2016
WITH
COMMERCIAL NOTICE OF MOTION NO. 1572 OF 2018
IN
COMMERCIAL IPR NO. 355 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 820 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 1604 OF 2019
IN
COMMERCIAL IPR NO. 359 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 1593 OF 2019
IN
COMMERCIAL IPR NO. 1156 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 1602 OF 2019
IN
COMMERCIAL IPR NO. 927 OF 2018
WITH
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SUIT NO. 737 OF 2016
WITH
COMMERCIAL NOTICE OF MOTION NO. 62 OF 2020
IN
COMMERCIAL IPR NO. 355 OF 2017
WITH
COMMERCIAL IP SUIT NO. 1546 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 1408 OF 2019
IN
COMMERCIAL IP SUIT NO. 1546 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1439 OF 2018
WITH
COMMERCIAL IP SUIT NO. 577 OF 2019
WITH
COMMERCIAL IP SUIT NO. 1428 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1559 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1193 OF 2018
WITH
INTERIM APPLICATION (L) NO. 17988 OF 2023
IN
COMMERCIAL IP SUIT NO. 1193 OF 2018
WITH
COMMERCIAL IP SUIT NO. 5 OF 2019
WITH
COMMERCIAL IP SUIT NO. 36 OF 2019
WITH
INTERIM APPLICATION NO. 21410 OF 2023
IN
COMMERCIAL IP SUIT NO. 36 OF 2019
WITH
COMMERCIAL IP SUIT NO. 171 OF 2018
WITH
COMMERCIAL IP SUIT NO. 74 OF 2018
WITH
COMMERCIAL IP SUIT NO. 318 OF 2019
WITH
COMMERCIAL IP SUIT NO. 606 OF 2019
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WITH
COMMERCIAL IP SUIT NO. 43 OF 2019
WITH
INTERIM APPLICATION (L) NO. 18292 OF 2023
IN
COMMERCIAL IP SUIT NO. 43 OF 2019
WITH
COMMERCIAL IP SUIT NO. 1421 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 1985 OF 2019
IN
COMMERCIAL IP SUIT NO. 1421 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1442 OF 2018
WITH
COMMERCIAL IP SUIT NO. 561 OF 2019
WITH
COMMERCIAL IP SUIT NO. 48 OF 2019
WITH
COMMERCIAL IP SUIT NO. 44 OF 2019
WITH
COMMERCIAL IP SUIT NO. 583 OF 2019
WITH
COMMERCIAL IP SUIT NO. 887 OF 2017
WITH
CHAMBER SUMMONS NO. 843 OF 2018
IN
COMMERCIAL IP SUIT NO. 887 OF 2017
WITH
COMMERCIAL IP SUIT NO. 888 OF 2017
WITH
COMMERCIAL IP SUIT NO. 892 OF 2017
WITH
SUIT NO. 3293 OF 2010
WITH
COMMERCIAL IP SUIT NO. 95 OF 2018
WITH
IN PERSON APPLICATION NO. 228 OF 2017
IN
COMMERCIAL IP SUIT NO. 95 OF 2018
WITH
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COMMERCIAL IP SUIT NO. 43 OF 2018
WITH
IN PERSON APPLICATION NO. 232 OF 2017
IN
COMMERCIAL IP SUIT NO. 43 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1129 OF 2018
WITH
IN PERSON APPLICATION NO. 231 OF 2017
IN
COMMERCIAL IP SUIT NO. 1129 OF 2018
WITH
COMMERCIAL SUIT NO. 316 OF 2018
WITH
IN PERSON APPLICATION NO. 237 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION (L) NO. 2118 OF 2018
IN
COMMERCIAL SUIT NO. 316 OF 2018
WITH
COMMERCIAL IP SUIT NO. 697 OF 2018
WITH
IN PERSON APPLICATION NO. 236 OF 2017
IN
COMMERCIAL IP SUIT NO. 697 OF 2018
WITH
COMMERCIAL IP SUIT NO. 29 OF 2018
WITH
INTERIM APPLICATION (L) NO. 19187 OF 2023
WITH
IN PERSON APPLICATION NO. 238 OF 2017
IN
COMMERCIAL IP SUIT NO. 29 OF 2018
WITH
COMMERCIAL IP SUIT NO. 56 OF 2018
WITH
IN PERSON APPLICATION NO. 239 OF 2017
IN
COMMERCIAL IP SUIT NO. 56 OF 2018
WITH
COMMERCIAL IP SUIT NO. 394 OF 2017
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WITH
INTERIM APPLICATION (L) NO. 17969 OF 2023
WITH
IN PERSON APPLICATION NO. 97 OF 2016
WITH
COUNTER CLAIM NO. 30 OF 2017
IN
COMMERCIAL IP SUIT NO. 394 OF 2017
WITH
COMMERCIAL IP SUIT NO. 423 OF 2017
WITH
IN PERSON APPLICATION NO. 108 OF 2016
IN
COMMERCIAL IP SUIT NO. 423 OF 2017
WITH
COMMERCIAL IP SUIT NO. 353 OF 2017
WITH
COUNTER CLAIM (L) NO. 5 OF 2018
WITH
IN PERSON APPLICATION NO. 110 OF 2016
IN
COMMERCIAL IP SUIT NO. 353 OF 2017
WITH
COMMERCIAL IP SUIT NO. 356 OF 2017
WITH
INTERIM APPLICATION NO. 2505 OF 2023
WITH
IN PERSON APPLICATION NO. 111 OF 2016
IN
COMMERCIAL IP SUIT NO. 356 OF 2017
WITH
COMMERCIAL IP SUIT NO. 352 OF 2017
WITH
IN PERSON APPLICATION NO. 112 OF 2016
IN
COMMERCIAL IP SUIT NO. 352 OF 2017
WITH
COMMERCIAL SUIT NO. 411 OF 2017
WITH
INTERIM APPLICATION (L) NO. 17443 OF 2023
WITH
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IN PERSON APPLICATION NO. 109 OF 2016
WITH
COUNTER CLAIM NO. 35 OF 2017
IN
COMMERCIAL SUIT NO. 411 OF 2017
WITH
COMMERCIAL IP SUIT NO. 380 OF 2017
WITH
IN PERSON APPLICATION NO. 114 OF 2016
IN
COMMERCIAL IP SUIT NO. 380 OF 2017
WITH
COMMERCIAL IP SUIT NO. 360 OF 2017
WITH
IN PERSON APPLICATION NO. 120 OF 2016
WITH
COUNTER CLAIM NO. 4 OF 2018
IN
COMMERCIAL IP SUIT NO. 360 OF 2017
WITH
COMMERCIAL IP SUIT NO. 357 OF 2017
WITH
IN PERSON APPLICATION NO. 119 OF 2016
IN
COMMERCIAL IP SUIT NO. 357 OF 2017
WITH
COMMERCIAL IP SUIT NO. 358 OF 2017
WITH
INTERIM APPLICATION (L) NO. 18841 OF 2023
IN
COMMERCIAL IP SUIT NO. 358 OF 2017
WITH
COMMERCIAL IP SUIT NO. 370 OF 2017
WITH
INTERIM APPLICATION (L) NO. 18088 OF 2023
WITH
IN PERSON APPLICATION (L) NO. 20229 OF 2023
WITH
IN PERSON APPLICATION NO. 121 OF 2016
IN
COMMERCIAL IP SUIT NO. 370 OF 2017
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WITH
COMMERCIAL IP SUIT NO. 354 OF 2017
WITH
IN PERSON APPLICATION NO. 124 OF 2016
IN
COMMERCIAL IP SUIT NO. 354 OF 2017
WITH
COMMERCIAL IP SUIT NO. 235 OF 2017
WITH
IN PERSON APPLICATION NO. 125 OF 2016
IN
COMMERCIAL IP SUIT NO. 235 OF 2017
WITH
COMMERCIAL IP SUIT NO. 382 OF 2017
WITH
IN PERSON APPLICATION NO. 126 OF 2016
IN
COMMERCIAL IP SUIT NO. 382 OF 2017
WITH
COMMERCIAL SUIT NO. 351 OF 2017
WITH
IN PERSON APPLICATION NO. 118 OF 2016
IN
COMMERCIAL SUIT NO. 351 OF 2017
WITH
COMMERCIAL IP SUIT NO. 350 OF 2017
WITH
IN PERSON APPLICATION NO. 123 OF 2016
IN
COMMERCIAL IP SUIT NO. 350 OF 2017
WITH
COMMERCIAL IP SUIT NO. 234 OF 2017
WITH
INTERIM APPLICATION (L) NO. 18296 OF 2023
WITH
IN PERSON APPLICATION NO. 129 OF 2016
IN
COMMERCIAL IP SUIT NO. 234 OF 2017
WITH
COMMERCIAL IP SUIT NO. 379 OF 2017
WITH
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IN PERSON APPLICATION NO. 130 OF 2016
WITH
INTERIM APPLICATION (L) NO. 18996 OF 2023
IN
COMMERCIAL IP SUIT NO. 379 OF 2017
WITH
COMMERCIAL IP SUIT NO. 424 OF 2017
WITH
INTERIM APPLICATION (L) NO. 17826 OF 2023
WITH
IN PERSON APPLICATION NO. 131 OF 2016
IN
COMMERCIAL IP SUIT NO. 424 OF 2017
WITH
COMMERCIAL IP SUIT NO. 416 OF 2017
WITH
COMMERCIAL IP SUIT NO. 381 OF 2017
WITH
INTERIM APPLICATION NO. 2338 OF 2023
WITH
IN PERSON APPLICATION NO. 6 OF 2017
IN
COMMERCIAL IP SUIT NO. 381 OF 2017
Mr. Deepak Deshmukh, Mr. Sujoy Mukherji, Ms. Anisha Nair i/by Anand
& Naik for the Defendant in COMIP/370/2017, COMIP/357/2017,
COMIP/358/2017, COMIP/371/2017, COMIP/29/2018, COMIP/1559/
2018, COMIP/5/2019.
Mr. Rutwik Rao for defendants in COMIP/561/2019.
Mr. Ankit Rajput i/b Law Cell for the Defendant in S/737/2016.
Tanamayi Rajyadhaksha a/w Mr. Akshay Sawant, i/by. I. V. Merchant &
Co. for Applicant in IAL/17969/23 and IAL/17443/23 and for defendant
in COMIP/394 and 411/2017.
Ms. Krusha Maheshwari i/b Sriram Sridharan for Defendant Nos.1, 2 and
4 in NMCD/600/2017 in COMIP/348/2017.
Mr. Minesh Andharia a/w Mr. Jay Shah i/by. Krishna & Saurastri
Associates LLP for the Plaintiff in NMCD/956/18 a/w COMIP/137/2018
and for counter claimant in CC/13/2019.
Mr. Shashwat Rai i/by. Keystone Partners for the Applicant in
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CHSCDL/843/2018 and for the Defendant in S/316/2018.
Mr. Dharam Jhumai with Mr. Ketan Parekh i/by. K.R. Parekh & Co. for
the Plaintiff in all matters.
Mr. Piyush Shah a/w Mr. Jay Vora for Defendants in COMIP/356 and
381/2017 for Applicant in IA/2505/23 & IA/2338/23.
Mr. Akshay Kapadia i/by Royzz & Co. for Defendant in COMIP/379/2017.
Ms. Mansi Patel for defendant in COMIP/606/2019.
Mr. Samarth Jaidev i/by. Sanjay Udeshi & Co for defendant in
COMIP/48/2019.
Ms. Suvarna Joshi for defendants in COMIP/234/2017.
Rinku Gajria, Raina Gajria i/b Gajria & Co. for the Defendant in
COMIP/424/2017 and IAL/17826/2023.
Mr. Anuj Jhaveri a/w Mihir Modi for Defendant No. 1 in
COMIP/360/2017.
Mr. Akilesh Menezes i/by AZB & Partners for Defendant in
COMIP/1442/2018.
Dormaan Dalal for the Applicant in NMCD/62/2020, NMCD/1572/2018
and for the Defendant in COMIP/355/2017.
Ms. Sanjana Pandey i/by. Krishnamurthy & Co. for defendant in
COMIP/44/2019.
Mr. Pranav Manjrekar and Mr. Suraj Naik, i/by. Atmaram Patade for
Defendant in IAL/18292/2023 in COMIP/43/2019.
Ms. Amruta Thakur and Mr. Aniket Bomble i/by W.S. Kane & Co. for
Defendant in NMCD/820/2018, NMCD/1604/2019 in COMIP/359/2017.
NMCD/1593/19 in COMIP/1156/2018, NMCD/1602/2019, COMIP/577/
2019.
Mr. Ravindra Saraswat for the Defendant in COMIP/353/2017.
Mr. Meit Sampat, i/by. Little & Co. for defendant in COMIP/1193/2018.
Mr. Chaitral K. Kotwal i/b Legasis Partners for the Defendant No.1 in
COMIP/177/2018, Defendant Nos.1 and 2 in COMIP/178/2018,
Defendant No.3 in COMIP/487/2018, Defendant Nos.1, 2 and 3 in
COMIP/171/2018, for the Defendant in COMIP/892/2017, for Defendant
No.1 in COMIP/95/2018, IPA/228/2017 in COMIP/95/2018,
COMIP/43/2018, IPA/232/2017 in COMIP/43/2018, for the Defendant
in COMIP/1129/2018, IPA/231/2017 in COMIP/1129/2018, for
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Defendant Nos.1, 2, 3 and 4 in COMIP/697/2018 and IPA/236/2017 in
COMIP/697/2018, for Defendant Nos.1 and 2 in COMS/351/2017,
IPA/118/2016 in COMS/351/2017, for Defendant Nos.1, 2 and 3 in
COMIP/350/2017 and IPA/123/2016 in COMIP/350/2017.
Mr. Nirav Shah for Defendant Nos. 1, 2 and 4 in COMIP/354/2017.
Mr. Amey Nargolkar, Mr. Janaksinh Jhala and Mr. Dhiren Karania, i/by.
Khaitan and Co. for Defendant in Suit/501/2016, NMCD/262/2017,
COMIP/153/2018 and COMIP/56/2018, CC/12/2019.
CORAM : R.I. CHAGLA, J.
DATED : 28th AUGUST, 2023.
ORDER :
1 By order dated 25.07.2023 this Court had granted leave to the Defendant to file Application under Order XIII A of the Code of Civil Procedure, 1908 as well as the Registry was directed to allow conversion of the Suit into Commercial IPR Suit as submission had been made by the Applicant that inadvertently the Suit was filed as regular Suit. 2 The Suit has come up today alongwith companion Suits. The learned Counsel appearing for the Defendant states that the Registry has till date not allowed the conversion of the Suit into the Commercial IPR Suit. Hence, the Application under Order XIII A of the Code of Civil Procedure, 1908 for which leave had been granted cannot be taken out by the Defendant.
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11.COMIP.141.14 wt...doc 3 In view thereof, the Registry is directed to allow the conversion of the Suit into Commercial IPR Suit forthwith. 4 The Defendant is at liberty to take out application under Order XIII A of the Code of Civil Procedure, 1908 within a period of two weeks from today.
5 The Plaintiff is at liberty to file affidavit in rejoinder within a period of one week thereafter.
6 The learned Counsel appearing for the Applicant/Defendant has in Commercial IP Suit Nos.357 of 2017, 358 of 2017, 370 of 2017, 371 of 2017, 29 of 2018, 1559 of 2018, and 05 of 2019 sought leave to file affidavit in rejoinder.
7 Accordingly, liberty is granted to file affidavit in rejoinder which shall be filed within a period of two weeks from today. 8 Place the above matters on 26.09.2023 at 2.30 p.m. (R.I. CHAGLA, J.) Waghmare 12/12 ::: Uploaded on - 28/08/2023 ::: Downloaded on - 29/08/2023 08:30:11 :::