Bombay High Court
Parle Products Private Limited vs Parle Agro Pvt Ltd on 17 August, 2021
Author: B.P.Colabawalla
Bench: B.P.Colabawalla
13-COMIP-10-2007.doc
GANESH
SUBHASH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
GANESH SUBHASH IN ITS COMMERCIAL DIVISION
LOKHANDE
Date: 2021.08.18
18:39:18 +0530 COMMERCIAL IP SUIT NO. 10 OF 2007
Parle Products Private Limited .. Plaintiff
Vs.
Parle Agro Private Limited .. Defendant
-------------
Mr.Avinash Belge a/w. Aditya Chitale i/b. R. K. Dewan Legal
Services for the Plaintiff.
Mr. Hiren Kamod with Mr.Nishad Nadkarni, Mr. Aasif Navodia
and Ms.Khushboo Jhunjhunwala i/b. M/s. Khaitan and Co for the
Defendant.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 17th AUGUST, 2021.
P. C.:
1. On 6th April, 2021 this Court passed the following order:
1. Cross examination of PW-2 is still in process. Mr. Kamod states that it will be concluded by 30th April 2021.
2. The Commissioner to endeavor to complete recording of evidence of PW-2 by 30th April 2021. The Commissioner to fix minimum two/three dates per session for cross examination of PW-2. If the parties do not respond promptly within 48 hours of receiving a communication from the Commissioner suggesting the subsequent dates, the Commissioner to go ahead and fix the dates convenient to the Commissioner and Ganesh Lokhande 1/3 13-COMIP-10-2007.doc the parties shall make themselves available at the time and dates fixed by the Commissioner. If plaintiff or the witness does not remain present, the Commissioner should close the evidence of PW-2 as not made available for cross and if defendant does not remain present to cross examine the witness, defendant's cross examination should be treated closed as no cross. Once the dates are fixed, the Commissioner not to grant adjournment on any ground whatsoever.
3. Mr. Belge states that the evidence affidavit of plaintiff's 3rd and last witness shall be affirmed and copy served by 4th May 2021.
4. Stand over to 6th May 2021 for marking of documents/ recording of evidence on which date plaintiff's 3rd witness shall remain present in Court.
2. Today when the matter is called out, Mr.Kamod, the learned advocate appearing on behalf of the Defendant stated that the cross examination of PW-2 is in progress and will be completed within a period of one month from today. The said statement is accepted.
3. The learned advocate appearing on behalf of the Plaintiff also stated that though in the previous occasion this Court had recorded that the Plaintiff was desirous of leading evidence of three witnesses, he has instructions now to state that no further witnesses shall be examined on behalf of the Plaintiff. This being the case, the evidence of the Plaintiff shall be treated as closed, once the cross examination of PW-2 is completed. Ganesh Lokhande 2/3
13-COMIP-10-2007.doc
4. Place the above matter for directions on 21st September, 2021.
5. All parties to act on an authenticated copy of this order digitally signed by the Personal Assistant /Private Secretary/Associate of this Court.
(B. P. COLABAWALLA, J.) Ganesh Lokhande 3/3