Bombay High Court
Pidilite Industries Limited vs Innovation Coatings Pvt Ltd on 24 November, 2021
Author: Milind N. Jadhav
Bench: S.J. Kathawalla, Milind N. Jadhav
7 comapl 26703 of 2021.doc
KANCHAN IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRASHANT
DHURI ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed COMM. APPEAL (L) NO.26703 OF 2021
by KANCHAN
PRASHANT
DHURI IN
Date: 2021.11.25
20:56:14 +0530 INTERIM APPLICATION (L) NO.20626 OF 2021
IN
COMM. IP SUIT (L) NO.20621 OF 2021
WITH
INTERIM APPLICATION (L) NO.26709 OF 2021
Pidilite Industries Ltd. ... Appellant
Versus
Innovation Coatings Pvt. Ltd. ... Respondent
Mr. Hiren Kamod with Mr. Nishad Nadkarni with Mr. Aasif Navodia, Ms. Khushboo
Jhunjhunwala i/by Khaitan and Co., for Appellant.
Mr. Alankar Kirpekar with Mr. Shekhar Bhagat, Ms. Neelaja Kirpekar, for
Respondent.
CORAM: S.J. KATHAWALLA &
MILIND N. JADHAV, JJ.
DATE: 24th NOVEMBER, 2021
P.C.:
1. Heard the learned Advocates for the parties. The above Appeal arises from an order passed by the learned Single Judge dated 13 th October, 2021. The impugned order reads thus :
"1. List the matter on 29th October, 2021 at 2.30 p.m. for final hearing.
2. Previous orders, if any, to continue until next date."
2. Admittedly, there is no previous order passed in the above Suit. The learned Single Judge has not given any reason as to why ad-interim order is not granted SSP 1/2 7 comapl 26703 of 2021.doc in favour of the Appellant/Plaintiff. In view thereof, by consent of the parties, we pass the following order :
(i) Without prejudice to the rights and contentions of the parties, the learned Single Judge is requested to hear the ad-interim Application of the Plaintiff on or before 29th October, 2021. However, the Learned Single Judge may decide to hear the Notice of Motion at the ad-interim stage.
(ii) All contentions of the parties are kept open.
(iii) The above Appeal is accordingly disposed of. Interim Application (L) No.26709 of 2021 also stands disposed of.
( MILIND N. JADHAV, J. ) ( S.J.KATHAWALLA, J. ) SSP 2/2