Bombay High Court
Dkt India vs Raymond Consumer Care Pvt Ltd on 6 August, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
1/2 9.NMCDL-1809-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL NOTICE OF MOTION (L) NO.1809 OF 2019
IN
COMMERCIAL IP SUIT NO.434 OF 2019
DKT India ....Plaintiff
Vs.
Raymond Consumer Care Pvt. Ltd. ....Defendant/Applicant
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Mr. Prasad Shenoy I/b. Ms. Mitali Mote for plaintiff.
Mr. Hiren Kamod a/w. Mr. Nishad Nadkarni I/b. Khaitan and Co. for
applicant/defendant.
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CORAM : K.R.SHRIRAM, J.
DATE : 6th AUGUST 2019 P.C.: 1 Heard the counsel and also considered the affidavit in support. 2 There has been strong opposition from plaintiff. At the same
time, I have to note that the affidavit in support tries to blame plaintiff for the failure on the part of defendant to file written statement within the time prescribed, whereas the fault lies in the office of defendant's advocates. From what is stated in paragraph 4 of the affidavit in support, it appears that defendant's advocates received the writ of summons on 5 th April 2019 but misplaced the papers and found the papers only on 11th July 2019. 3 Therefore, I am inclined to condone the delay but certainly defendant have to be put to terms. Defendant shall pay a sum of Rs.1 lakh as costs to plaintiff and this amount shall be paid by way of cheque drawn in Gauri Gaekwad ::: Uploaded on - 06/08/2019 ::: Downloaded on - 07/08/2019 04:06:21 ::: 2/2 9.NMCDL-1809-2019.doc favour of advocate on record for plaintiff within two weeks from today. 4 Registry to accept the written statement but the written statement shall be taken on record only upon defendant paying this cost and filing proof of payment.
5 Notice of motion accordingly stands disposed. 6 By 23rd August 2019 parties shall give inspection of documents relied upon by each other. If inspection is not given, such party will not be permitted to rely upon such document. This will not, however, prevent a party from confronting a witness of another party with any document. By 31st August 2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side.
7 Suit be listed for issues on 4 th September 2019 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms.
(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 06/08/2019 ::: Downloaded on - 07/08/2019 04:06:21 :::