Bombay High Court
Daiwa Pharmaceutical Co Ltd vs Daiwa Pharmaceuticals Pvt Ltd on 17 August, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
29-ial-17981-2023.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.17981 OF 2023
IN
COM IP SUIT NO.82 OF 2023
Daiwa Pharmaceuticals Co. Ltd. ...Applicant /
Plaintiff
Versus
Daiwa Pharmaceuticals Pvt. Ltd. & Ors. ...Defendants
----------
Mr. Sharan Jagtiani, Senior Advocate, Mr. Thomas George, Mr.
Navankur Pathak, Ms. Roma Liya and Mr. Siddharth Joshi i/b.
Saikrishna & Associates for the Plaintiffs.
Mr. Shanay Shah with Mr. Ashutosh Kane and Ms. Maitri Asher i/b.
W.S. Kane & Co. for the Defendant No.1.
Pheroze F. Mehta i/b. Solaris Legal for Defendant Nos.2 and 3.
----------
CORAM : R.I. CHAGLA J
DATE : 17 AUGUST 2023
ORDER :
1. By this Interim Application, the Original Plaintiff / Applicant has sought amendments and consequential amendments to the Plaint and Interim Application, as per schedule annexed to the Interim Application.
1/3 ::: Uploaded on - 19/08/2023 ::: Downloaded on - 19/08/2023 22:53:12 :::
29-ial-17981-2023.doc
2. The amendments seek deletion of the names of Defendant Nos.2 and 3 from the array of parties and for addition of 'GoDaddy.com, LLC' as Defendant No.2 in the Plaint, Vakalatnama and Interim Application. Further consequential amendment has been sought in the paragraphs of the Plaint and Interim Application as set out in the schedule of amendment.
3. There is no objection to the amendment sought for by the Applicant / Original Plaintiff in terms of schedule of amendment.
4. Considering that the amendment seeks deletion of Defendant Nos.2 and 3 by joining Defendant No.2 in light of it being learnt by the Applicant / Plaintiff that Defendant No.2 provides the domain name registration and web hosting services to its customers across the world including the alleged infringing domain name registrations to Defendant No.1, the amendment is required to be allowed. Accordingly, following order is passed:-
(i) The Applicant / Original Plaintiff is permitted to carry out amendment and consequential amendment to the Interim Application (L) No.2077 of 2023, Plaint and Vakalatnama in 2/3 ::: Uploaded on - 19/08/2023 ::: Downloaded on - 19/08/2023 22:53:12 ::: 29-ial-17981-2023.doc accordance with the schedule of amendment annexed to the Interim Application.
(ii) The amendment shall be carried out on or before 21st August, 2023. Re-verification is dispensed with.
(iii) The Interim Application is accordingly disposed of.
[ R.I. CHAGLA J. ] 3/3 ::: Uploaded on - 19/08/2023 ::: Downloaded on - 19/08/2023 22:53:12 :::