Bombay High Court
Anheuser Busch Inbev India ... vs Jagpin Brewerise Limited And 2 Ors on 28 January, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 904 comip 19 of 2006.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.19 OF 2006
Anheuser Busch Inbev India Ltd. ... Plaintiff
versus
Jagpin Breweries Ltd. And Ors. ... Defendants
WITH
COMM. SUIT NO.110 OF 2012
Mr. Ashutosh Kane with Mr. Nikhil Sharma I/by M/s. W.s.Kane and Co., for Plaintiff.
None for Defendants.
CORAM: S.J. KATHAWALLA, J.
DATE: 28th JANUARY, 2019 P.C.:
1. On 25th January, 2018 this Court passed the following order :
"On 14th January, 2019, this Court passed the following order :
"1. On 7th January, 2019 this Court passed the following order :
"1. The Directors of Defendant No.1 are directed to remain present before this Court on 14th January, 2019 at 11.00 a.m., failing which the Court shall proceed to pass necessary orders to ensure their presence before the Court.
2. A copy of this order shall be forthwith served on Defendant No.1 and also on Mr. Anand Kumar, who was earlier representing Defendant No.1 in above Suits, by the Advocate for the Plaintiff.
3. Stand over to 14th January, 2019."
2. However, the Director/s of the Defendant No.1 is/are not present. The learned Advocate for the Plaintiff has tendered a copy of the email addressed to 1/3 ::: Uploaded on - 28/01/2019 ::: Downloaded on - 30/01/2019 00:30:30 ::: ssp 904 comip 19 of 2006.doc him by Mr. Nikhil Bansal, Director of Defendant No.1 stating that they need two weeks time to personally remain present in Court.
3. Since the Advocates for Defendants Mr. Anand Kumar and Mr. Daulat Jehangir are not remaining present on the ground that they have taken discharge several months ago, the Directors of Defendant No.1 are given a last opportunity to appear before the Court by themselves and/or through their Advocates on 18 th January, 2019, failing which the Court shall pass necessary orders to ensure their presence before the Court or the Court may proceed with the Suit ex-parte and pass necessary orders. Stand over to 18th January, 2019."
2. Thereafter, on 18th January, 2019 at the request of Advocate S.C. Pal, the following order was passed :-
"The learned Advocate appearing for Defendant Nos. 1 and 2 seeks time on the ground that Mr.Nikhil Bansal, Director of the Defendant No.1 shall remain present in Court on 21 st January, 2019 at 11.00 a.m. In view thereof, stand over to 21st January, 2019."
3. On 21st January, 2019, Mr. Nikhil Bansal, Director of Defendant was present in Court alongwith Advocate Subhash Pal. Mr. Nikhil Bansal sought two days' time to work out the matter. In view thereof, the above matter was directed to be placed, today for settlement.
4. Today, Mr. Nikhil Bansal is not present. He has sent an e-mail to the Advocate for the Plaintiff stating that he needs time as his Advocate is not available due to unavoidable circumstances. Advocate Poojari appears and states that he was consulted by Mr. Nikhil Bansal and he has told him that he will not be appearing for him in the matter. The 2/3 ::: Uploaded on - 28/01/2019 ::: Downloaded on - 30/01/2019 00:30:30 ::: ssp 904 comip 19 of 2006.doc statement made by Mr. Nikhil Bansal in his e-mail is therefore incorrect. The conduct of Mr. Nikhil Bansal is strongly deprecated. His only intention appears to delay the matter on one pretext or the other. Mr. Nikhil Bansal is therefore directed to remain present before this Court on 28th January, 2019, failing which the Court shall proceed to hear the Plaintiff and pass necessary orders in the Suit. A copy of this order shall be served on Mr. Nikhil Bansal by e-mail.
5. Stand over to 28th January, 2019."
2. Despite the above order, the Defendants are not present in Court. In view thereof, stand over to 4th February, 2019 at 3.00 p.m., when the Advocate for the Plaintiff shall be heard and final orders shall be passed in the above Suit.
( S.J.KATHAWALLA, J. ) 3/3 ::: Uploaded on - 28/01/2019 ::: Downloaded on - 30/01/2019 00:30:30 :::