Parle Products Pvt Ltd. And Anr vs Future Consumer Ltd. And 4 Ors on 12 January, 2021

[Cites 1, Cited by 2]

Bombay High Court

Parle Products Pvt Ltd. And Anr vs Future Consumer Ltd. And 4 Ors on 12 January, 2021

Bench: G.S. Patel

                                                              16-IAL4133-20-IAL8340-20+.DOCX




                   Shephali



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                   IN ITS COMMERCIAL DIVISION
                              INTERIM APPLICATION (L) NO. 4133 OF 2020
                                                 WITH
                              INTERIM APPLICATION (L) NO. 8340 OF 2020
                                                 WITH
                              INTERIM APPLICATION (L) NO. 8997 OF 2020
                                                     IN
                              COMMERCIAL IP SUIT (L) NO. 4130 OF 2020

                      Parle Products Pvt Ltd & Anr                                ...Plaintiffs
                             Versus
                      Future Consumer Ltd & Ors                                ...Defendants


                      Mr Virag Tulzapurkar, Senior Advocate, with Mr Hiren Kamod,
                           Mr Aditya Chitale, Mr Nishin Shrikhande and Mr Avinash
                           Belge, i/b RKD Legal Services LLP, for the Plaintiffs.
                      Mr Ashish Kamat, with Megha Chandra, Madhu Gadodia,
                           Vikramaditya Chavan and Pritha Mitra, i/b Naik Naik & Co,
                           for Defendants Nos. 1 and 2.
                      Mr Toraskar, Section Officer, Court Receiver's office present.
Shephali
Mormare

Digitally signed
by Shephali
                                          CORAM:          G.S. PATEL, J
Mormare
Date: 2021.01.13
10:33:56 +0530
                                                          (Through Video Conference)
                                          DATED:          12th January 2021
                      PC:-




                                                Page 1 of 4
                                             12th January 2021
                                              16-IAL4133-20-IAL8340-20+.DOCX




1.

Heard through video conferencing.

2. The parties are fighting over biscuits.

3. There are three pending Interim Applications. Interim Application (L) No. 4133 of 2020 is the original application by the Plaintiffs, Parle Products. This received an ad-interim order dated 9th October 2020. The contesting Defendants, the Future Group, have filed Interim Application (L) No. 8340 of 2020 for a stay of 9th October 2020 order and for an order discharging the Court Commissioner appointed under that order. The third Interim Application (L) No. 8497 of 2020 is filed by the Parle Products under Order XXXIX of the Code of Civil Procedure 1908.

4. I propose to start with the hearing of the Future Group's Interim Application (L) No. 8340 of 2020 for recall and stay. I will then take up the other two Interim Applications filed by Parle Products.

5. There is some wrangle about completion of inspection. I am not concerned with the details of this. The Advocates on both sides will cooperate so that all inspection on both sides is complete no later than by 5.00 pm on 16th January 2021.

6. At this stage, I am not passing directions for filing any Affidavits in the principal Interim Application (L) No. 4133 of 2020 filed by the Plaintiffs. However, the other two Interim Applications will need directions to complete filings of Replies and Rejoinders, it Page 2 of 4 12th January 2021 16-IAL4133-20-IAL8340-20+.DOCX being made clear that no Affidavits beyond the stage of the Rejoinder are to be accepted by the Registry and neither side is to even attempt an application for leave to take any further Affidavit on record. As it is the existing filings, though incomplete, run into several hundred pages already.

7. In the Future Group's Interim Application (L) No. 8340 of 2020, an Affidavit in Reply is to be filed and served by Parle Products on or before 20th January 2021. A Rejoinder, if any, is to be filed and served on or before 27th January 2021.

8. In Parle Products' Order XXXIX Interim Application (L) No. 8497 of 2020, an Affidavit in Reply has been filed by the Future Group. A Rejoinder is to be filed and served on or before 21st January 2021.

9. In addition, I will give leave to both sides to each file compilations of their relevant documents and compilations of authorities. Any compilation, whether of documents or authorities, will be properly paginated with serial or running pagination and an index. These compilations are to be filed and served no later than by 28th January 2021.

10. All three Interim Applications will be listed for final hearing in the afternoon session on 1st February 2021.

Page 3 of 4

12th January 2021 16-IAL4133-20-IAL8340-20+.DOCX

11. Any filings that have been done so far only in soft copy will now be filed in hard copy on or before 16th January 2021. After this date, all further filings will only be in the physical form in the Registry.

12. At this stage, the Registry is not to insist on removal of any office objections until further orders of the Court.

13. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 4 of 4 12th January 2021

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