Bombay High Court
Parag Milk Foods Limited vs Ratna Jyoth Milk Product on 2 February, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
1/3 53 IA L 29982-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 29982 OF 2023
IN
COMMERCIAL IP SUIT (L) NO.29762 OF 2023
WITH
COURT RECEIVER'S REPORT NO.446 OF 2023
IN
COMMERCIAL IP SUIT (L) NO.29762 OF 2023
Parag Milk Foods Limited .. Applicant
In the matter between
Parag Milk Foods Limited .. Plaintiff
Versus
Ratna Jyoth Milk Product & Ors. .. Defendants
...
Mr.Muralidhar Khadilkar, for the Applicants/Plaintiffs.
Mr. Rashmin Khandekar a/w Mr. Anand Mohan i/b Mr. Amit
Kukreja and Ms. Gauri Sansare for defendant no.1.
Ms. Charushila M Vaidya, 2nd Asst to Court Receiver present.
Mr. Rahul Powar, clerk of Court Receiver present.
CORAM: BHARATI DANGRE, J.
DATED : 2nd FEBRUARY 2024 P.C:-
1 In terms of the order passed, on 26/10/2023, the Court Receiver has submitted its Report vide No. 446 of 2023.
Mr. Khandekar representing defendant/respondent no.1 in Interim Application, has invited my attention to the compliance report of the Court Receiver, as regards the godown, Ashish ::: Uploaded on - 03/02/2024 ::: Downloaded on - 23/02/2024 03:49:39 ::: 2/3 53 IA L 29982-23.doc where it is reported that since impugned goods were lying in large quantity, it was not possible to count the same in one day and the Court Receiver deemed it appropriate to lock and seize the whole godown, by affixing a possession board of the Court Receiver by retaining the keys.
The report therefore seek direction from this Court, as regards the steps to be taken in respect of the keys of the premises.
2 Mr. Khandekar is justified in submitting that the whole godown could not be just kept under the lock and key, as what the Court directed, was to take possession of the infringing products, and according to him, there is huge quantity of Ghee (the product), which is unpacked and this product, in any case, cannot be seized and particularly under the guise of sealing of the whole godown.
When confronted, the Court Receiver concede to the fact reported in paragraph 6 of the report, as it is informed that bluk of infringing goods are found in the godown.
Whatsoever, it may be, it is imperative for the Court Receiver to prepare an inventory of the infringing products as well as the other goods/material lying in the godown, so as to implement the order passed, in favour of the plaintiff/the applicant as well as the allegation that it's trade mark is infringed by defendant no.1.
If this exercise cannot be carried out in one day, I deem it appropriate that the Court Receiver shall undertake this Ashish ::: Uploaded on - 03/02/2024 ::: Downloaded on - 23/02/2024 03:49:39 ::: 3/3 53 IA L 29982-23.doc exercise within period of three days i.e. on 7, 8 and 9/02/2024. Pursuant thereto, a report shall be prepared and furnished. 3 As far as the manufacturing and packaging unit is concerned, though my attention is invited to the Site Report along with an inventory, the representative of the Court Receiver inform me that all the infringing products have been placed in the cold storage. When specifically asked what does 'Loose Ghee' mentioned in the inventory indicate, and whether it is packed under the label of the plaintiff, the representative of the Court Receiver is unable to offer any clarity.
In these circumstances, I deem it appropriate to direct that he shall visit the manufacturing and packaging unit on 3/02/2024 or 4/02/2024, and shall prepare a fresh inventory in the presence of representative of the plaintiff and representative of the defendant.
It is also clarified that if in the cold storage any infringing goods are stored, the electricity supply of the same shall be restored forthwith.
The combined report of both the exercises shall be submitted, on or before 14/02/2024.
Re-notify to 21/02/2024.
( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 03/02/2024 ::: Downloaded on - 23/02/2024 03:49:39 :::