Gupta Packaging vs Parle Agro Private Limited on 4 August, 2023

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Bombay High Court

Gupta Packaging vs Parle Agro Private Limited on 4 August, 2023

Bench: R.I. Chagla

2023:BHC-OS:7948

                                                                          7.IAL.20534.23 in COMIP.112.23.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                       IN ITS COMMERCIAL DIVISION

                                  INTERIM APPLICATION (L) NO. 20534 OF 2023
                                                    IN
                                     COMMERCIAL IP SUIT NO. 112 OF 2023


              Gupta Packaging & Anr.                    ...     Applicants/Orig. Defendants

              In the matter between

              Parle Agro Pvt. Ltd.                      ...     Plaintiff

                         Versus

              Gupta Packaging & Anr.                    ...     Defendants


              Raina Gajria, Rinku Gajria i/b Gajria Co. for the Plaintiffs.
              Mr. Atmaram Patade a/w Pranav Manjrekar, Shikha and Suraj Naik i/b
              Atmaram Patade for the Defendants.
              Ms. Samrudhi Chipkar, Section Officer, C.R., present.


                                                  CORAM :     R.I. CHAGLA, J.
                                                  DATED :     4th AUGUST, 2023.
              ORDER :

1 By this Interim Application the Applicants/Defendant Nos.1 and 2 have sought condonation of delay of 76 days in filing their written statement and for taking of the written statement on record. 2 The Applicants/Defendant Nos.1 and 2 have provided Waghmare 1/2 ::: Uploaded on - 05/08/2023 ::: Downloaded on - 06/08/2023 02:41:36 :::

7.IAL.20534.23 in COMIP.112.23.doc reasons for the delay in paragraph Nos.3, 4, 5 and 9 of the Interim Application which is on account of the Applicants/ Defendant Nos.1 and 2 being from Faridkot, Punjab and there is delay in exchange of documents with the Advocates. The Applicant has stated that the delay in filing written statement is inadvertent and not deliberate or intentional but due to bonafide reasons/sufficient causes.

3 The learned Counsel appearing for the Plaintiff submits to the orders of this Court.

4 In view of the reason given for the delay in the Interim Application, I am satisfied that there is justifiable cause made out for condonation of delay. In view thereof, the following order is passed :

i) The delay of 76 days in filing the written statement of the Applicants/Defendant Nos.1 and 2, is condoned.

ii) Registry shall accept the written statement filed by the Applicants/Defendant Nos.1 and 2.

iii) Interim Application is accordingly disposed of.

(R.I. CHAGLA, J.) Waghmare 2/2 ::: Uploaded on - 05/08/2023 ::: Downloaded on - 06/08/2023 02:41:36 :::

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