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Bombay High Court

Inorbit Malls India Private Limited vs Pramukhanand Corporation Llp on 21 June, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                  16-IA(L) 16073.2023 in IA 3370.2023 in COMIP 248.2023.doc

                    Kavita S.J.

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

                                   INTERIM APPLICATION (L) NO.16073 OF 2024
                                                      IN
                                     INTERIM APPLICATION NO. 3370 OF 2023
                                                      IN
                                      COMMERCIAL IPR SUIT NO.248 OF 2023

                    Inorbit Malls (India) Private Limited                          ...Applicant/
                                                                                    Org. Plaintiff
                    In the matter between:
                    Inorbit Malls (India) Private Limited                          ...Plaintiff

                                 Versus
                    Pramukhanand Corporation LLP                                   ...Defendant

                                                             ----------
                    Mr. Ashutosh Kane a/w Ms. Maitri Asher i/b W.S. Kane & Co. for the
                    Applicant/Plaintiff.
                    Mr. Hiren Kamod a/w Prem Khullar i/b Rahul Punjabi for Defendant.
                                                             ----------
                                                             CORAM : R.I. CHAGLA, J.

                                                             DATED        : 21ST JUNE, 2024.
                    ORDER :

1. Mr. Kamod, learned Counsel appearing for the Defendant has filed Affidavit-in-Reply on behalf of the Defendant dated 19th KAVITA SUSHIL JADHAV June, 2024, the hard copy of which has been tendered and taken on Digitally signed by KAVITA SUSHIL JADHAV Date: 2024.06.24 18:31:42 +0530 record.

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16-IA(L) 16073.2023 in IA 3370.2023 in COMIP 248.2023.doc

2. In the said Affidavit Mr. Kamod has submitted that the Defendant has complied with the ad-interim Order dated 16th June, 2023 passed by this Court. He has referred to the manner of compliance as borne out from the Annexures to the said Affidavit-in- Reply.

3. Mr. Ashutosh Kane, learned Counsel for the Plaintiff has referred to a certain facebook post of Pramukhanand Orbit Mall, Gandhinagar, wherein the word "Orbit" is used by the Defendant. The copy of the facebook post is tendered and taken on record and marked "X" for identification.

4. Mr. Kane states that the Defendant will file further Affidavit-in-Reply to the Application under Order XXXIX Rule 2(A) mentioning whether the said facebook post is that of the Defendant and if it is, it will be taken down. According to him, there is full compliance of ad-interim Order dated 16th June, 2023.

5. The further Affidavit-in-Reply shall he filed within a period of one week from today.

6. Place the Interim Application on 5th July, 2024.

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