Shalina Laboratories Pvt Ltd. And ... vs Twin Impex And Another on 4 January, 2019

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Bombay High Court

Shalina Laboratories Pvt Ltd. And ... vs Twin Impex And Another on 4 January, 2019

Bench: S.J. Kathawalla

kpd                                    1   / 2                      M-COMIPL-1143-2018.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                               IN ITS COMMERCIAL DIVISION
                      COMMERCIAL IP SUIT (L) NO. 1143 OF 2018
Shalina Laboratories Pvt. Ltd. and another          ...     Plaintiffs
         Versus
Twin Impex and another                              ...     Defendants

None for the Plaintiffs.
Ms. Sonal instructed by Mr. Vivek Sharma for Defendant No.1.

                                       CORAM : S.J. KATHAWALLA, J.

DATED : 4th JANUARY, 2019 P.C.:

1. Not on board. Upon mentioning, taken on board.

2. On 4th December, 2018, this Court passed the following order :-

"1. Not on board. Upon mentioning, taken on board.

2. Defendant No.1 - Twin Impex had pursuant to the Order passed by this Court dated 10th September, 2018, handed over a demand draft in the sum of Rs.75 Lacs drawn in favour of the Tata Memorial Hospital by Saraswat Co-op. Bank Limited being No.001634. A copy of the said demand draft is reproduced hereunder :

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kpd 2 / 2 M-COMIPL-1143-2018.doc

3. The original demand draft of Rs.75 Lacs is misplaced by the Court. In view thereof, the Branch Manager, Saraswat Co-op. Bank Limited, Overseas Branch, Marine Lines, Mumbai - 400 002 is requested to issue a fresh demand draft in the sum of Rs.75 Lacs in favour of the Tata Memorial Hospital after canceling the earlier demand draft issued by the bank.

4. A copy of this Order shall be forthwith forwarded to Ms. Sonal, Advocate, who shall forward the same to the Proprietor of Defendant No.1 - Twin Impex for submitting the same to the bank and get fresh demand demand issued."

3. The due date of the earlier Demand Draft has expired and none have claimed any money under the said Demand Draft. I am informed that the Bank is willing to issue a fresh Demand Draft upon an indemnity given by Mr. Vijay Devnani. Mr. Vijay Devnani shall give an indemnity to the Bank. However, it is clarified that the donation given to the Tata Memorial Hospital shall be subject to the further orders passed by this Court.

4. Stand over to 14th January, 2019.

( S.J.KATHAWALLA, J. ) ::: Uploaded on - 04/01/2019 ::: Downloaded on - 10/01/2019 05:55:16 :::

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Bombay High Court