Bombay High Court
Maraekat Infotech Ltd vs Naylesh V Kothari And 6 Ors on 4 June, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
This Order is modified/corrected by Speaking to Minutes Order dated 12/06/2019
1/2 20.NMCD-36-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL NOTICE OF MOTION NO.36 OF 2015
IN
COMMERCIAL IP SUIT NO.103 OF 2015
Maraekat Infotech Limited ....Applicant/Plaintiff
Vs.
Naylesh V. Kothari and Ors. ....Defendants
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Mr. Laukik D. Palekar a/w. Ms. Priya Thakkar i/b. Jehangir Gulabbhai
Bilimoria Daruwalla for applicant/plaintiff.
Mr. Ganesh K. Gole for defendant nos.1 to 3.
Mr. Sandeep Marne i/b. Meghna Gowalani for defendant nos.4 and 5.
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CORAM : K.R.SHRIRAM, J.
DATE : 04.06.2019 P.C.: 1 Mr. Palekar states that the notice of motion has been adjourned
to be tried alongwith the suit pursuant to an order dated 11 th August 2016. If the suit itself is going to be tried and disposed, the question of hearing the notice of motion does not arise because what interim relief is being sought in the notice of motion will be decided in the final relief sought in the suit. In my view, there is no reason to keep the notice of motion pending in the Court's records.
2 Notice of motion accordingly stands disposed. 3 The counsel state that issues have been framed, inspection of documents have been completed of all the parties but statement of admission and denial with reasons for denial has not been exchanged. At Gauri Gaekwad ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 07:17:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 12/06/2019 2/2 20.NMCD-36-2015.doc the same time, plaintiff has also, before exchanging statement of admission and denial of documents, filed evidence affidavit. 4 On or before 15th June 2019 parties shall exchange their statement of admission and denial with reasons for denial. If the statement of admission and denial is not exchanged, parties shall be deemed to have admitted the existence of all the documents of the other side. 5 Evidence affidavit having been filed, on or before 25th June 2019 plaintiff shall also file its list of witnesses and serve a copy thereof upon defendants. Based on the statement of admission and denial received, should plaintiff wishes to file a further affidavit in lieu of examination in chief to prove the documents denied, they may do so and serve a copy thereof upon defendants on or before 25th June 2019. 6 Stand over to 3rd July 2019 for marking of documents/ recording of evidence on which date plaintiff's first witness shall remain present in Court.
(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 07:17:10 :::