Bombay High Court
Velji Karamshi Vaid And Anr vs V3 Fashion And 6 Ors on 26 June, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
17-ial-9355-2023.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.9355 OF 2023
IN
INTERIM APPLICATION (L) NO.22614 OF 2022
IN
COMS IP SUIT (L) NO.22613 OF 2022
Mr. Velji Karamshi Vaid & Anr. ...Applicants /
Plaintiffs
Versus
M/s. V3 Fashion & Ors. ...Defendants
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Rashmin Khandekar with Kavisha Shah and Hamza Lakhani i/b. India
Law Alliance for the Applicants / Plaintiffs.
Chirag Mody with Mr. Ashok Purohit and Nikita Lad i/b. Ashok
Purohit & Co. for Defendant Nos.1 to 6.
Saloni Manjrekar i/b. H.N. Legal for Defendant No.7.
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CORAM : R.I. CHAGLA J
DATE : 26 JUNE 2023
ORDER :
1. Mr. Chirag Mody, learned Counsel appearing for the Defendant Nos.1 to 6 has sought extension of time to file Affidavit in Reply which is ready and is being tendered to this Court. 1/4 ::: Uploaded on - 28/06/2023 ::: Downloaded on - 28/06/2023 16:04:01 :::
17-ial-9355-2023.doc
2. Extension of time is granted. Affidavit in Reply dated 24th June, 2023 on behalf of Defendant Nos.1 to 6 is taken on record.
3. Mr. Khandekar, learned Counsel appearing for the Applicants / Plaintiffs has submitted that by this Interim Application permission is being sought to amend the above Commercial Suit and Interim Application (L) No.22614 of 2022 in light of subsequent facts as well as for necessary documents to be placed on record and which have material bearing on the present dispute between the parties.
4. Mr. Mody has stated that without prejudice to these Defendants rights and contentions as well as upon liberty being granted to file an additional Affidavit in Reply for dealing with the amended Interim Application, if allowed by this Court, he submits to the order of this Court.
5. Mr. Mody has further pointed out to this Court that, the Plaintiff has repeatedly sought to improve their case and had also sought leave of this Court to file additional Affidavit in Support of the Interim Application for ad-interim relief which was not granted. By 2/4 ::: Uploaded on - 28/06/2023 ::: Downloaded on - 28/06/2023 16:04:01 ::: 17-ial-9355-2023.doc keeping all these contentions open and without prejudice to the above statement, he has submitted to the orders of this Court.
6. Having considered the averments in the Interim Application as well as the above statement made by Mr. Mody on behalf of Defendant Nos.1 to 6, by keeping all contentions of the parties open, including opportunity being granted to the Defendant Nos.1 to 6 to file additional Affidavit in Reply dealing with merits of the amended Interim Application and Written Statement in response to the amended Plaint, the relief sought for in the Interim Application is required to be granted.
7. Defendant No.7 is also being granted liberty to file additional Affidavit in Reply to the amended Interim Application as well as Written Statement dealing with the amended Plaint. Hence, the following order:-
(i) The Plaintiff shall carry out amendment in the Plaint and Interim Application (L) No.22614 of 2022 in accordance with the schedule of amendment appended to the Interim Application within a period of one week from the date of this Order. Upon the 3/4 ::: Uploaded on - 28/06/2023 ::: Downloaded on - 28/06/2023 16:04:01 ::: 17-ial-9355-2023.doc amendment of the Plaint and Interim Application being carried, copies of the same shall be simultaneously served upon the Defendants.
(ii) The Defendants are at liberty to file their additional Affidavit in Reply to the Interim Application (L) No.22614 of 2022 which shall be filed within a period of three weeks upon being served with the amended Interim Application.
(iii) The Applicant / Plaintiff shall file Affidavit in Rejoinder within a period of 10 days from being served with the Affidavit in Reply being filed by the Defendants.
(iv) The Defendants shall file their Written Statement within a period of four weeks from being served with the amended Plaint.
(v) Interim Application (L) No.22614 of 2022 shall be placed on 21st August, 2023 under the caption of ad-interim relief.
[ R.I. CHAGLA J. ] 4/4 ::: Uploaded on - 28/06/2023 ::: Downloaded on - 28/06/2023 16:04:01 :::