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Supreme Court - Daily Orders

Skol Breweries Ltd vs Som Distilleries & Breweries Ltd on 10 October, 2014

Bench: Fakkir Mohamed Ibrahim Kalifulla, Shiva Kirti Singh

  SLP(C) Nos. 34285-34286 of 2013


  ITEM NO.33                               COURT NO.9              SECTION IVA

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

  Petitions for Special Leave to Appeal (C)                 N(s.   34285-34286/2013

  (Arising out of impugned final judgment and order dated 11/01/2013
  in MA No. 1946/2012,26/07/2013 in RP No. 70/2013 passed by the
  High Court of Madhya Pradesh at Jabalpur)


  SKOL BREWERIES LTD                                                Petitioner(s)

                                                  VERSUS

  SOM DISTILLERIES & BREWERIES LTD                                  Respondent(s)

  (With application for exemption from filing certified copy of the
  impugned order and permission to file additional documents and
  interim relief and office report)


  Date : 10/10/2014 These petitions were called on for hearing today.


  CORAM :
                         HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
                         HON'BLE MR. JUSTICE SHIVA KIRTI SINGH


  For Petitioner(s)                  Mr.   Kapil Sibal, Sr. Adv.
                                     Mr.   Vikas Singh Jangra, A.O.R.
                                     Mr.   Pravin Anand, Adv.
                                     Mr.   Shrawan Chopra, Adv.
                                     Ms.   Geetanjali Viswanathan, Adv.
                                     Mr.   Aditya Verma, Adv.
                                     Mr.   Salim, Adv.
                                     Ms.   S. Lakshmi, Adv.

  For Respondent(s)                  Mr.   Shyam Divan, Sr. Adv.
                                     Mr.   T. Mahipal, A.O.R.
                                     Mr.   Sumeer Sodhi, Adv.
                                     Mr.   Arjun Nanda, Adv.
Signature Not Verified

Digitally signed by
Kalyani Gupta
Date: 2014.10.13            UPON hearing counsel the Court made the following
17:25:26 IST
Reason:
                                              O R D E R
PAGE NO. 1 OF 3

SLP(C) Nos. 34285-34286 of 2013 Having heard Mr. Kapil Sibal, learned senior counsel for the petitioner and Mr. Shyam Diwan, learned senior counsel for the respondent, we understand that the application filed at the instance of the respondent under Section 19 of the Designs Act, 2000 is pending consideration before the Controller of Designs at Kolkata. We, therefore, deem it appropriate, in the first instance, to direct the said Authority to dispose of the said application expeditiously.

With that view, we direct the Controller of Designs, Kolkata to dispose of the Section 19 application filed by the respondent in Application No. 223479-D stated to have been filed on 28 th January, 2013 within six weeks from the date of production of a copy of this order. After giving due opportunity to both the parties.

It is needless to state that the said Authority shall pass orders uninfluenced by whatever is stated in the order of the trial court, as well as, that of the High Court impugned in these Special Leave Petitions.

Both the parties are directed to complete their PAGE NO. 2 OF 3 SLP(C) Nos. 34285-34286 of 2013 pleadings before the said Authority within two weeks from today.

These Special Leave Petitions shall be called after eight weeks.





                     [KALYANI GUPTA]                           [SHARDA KAPOOR]
                       COURT MASTER                              COURT MASTER




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