Supreme Court - Daily Orders
M/S. Videocon Industries vs M/S. Whirlpool Of India Ltd. on 8 August, 2014
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ITEM NO.37 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 35062/2012
(Arising out of impugned final judgment and order dated 13/08/2012
in AL No. 554/2012,13/08/2012 in NOM No. 1955/2012,13/08/2012 in SL
No. 1675/2012 passed by the High Court Of Bombay)
M/S. VIDEOCON INDUSTRIES LTD. Petitioner(s)
VERSUS
M/S. WHIRLPOOL OF INDIA LTD. Respondent(s)
(With appln. (s) for permission to place addl. documents on record
and office report)
Date : 08/08/2014 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE DIPAK MISRA
HON’BLE MR. JUSTICE V. GOPALA GOWDA
For Petitioner(s) Mr. Sandeep S. Ladda, Adv.
Mr. Soumik Ghosal, Adv.
Ms. Archana S., Adv.
Mr. Gaurav Sharma, Adv.
For Respondent(s) Mr. Ankur Saigal, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Rishi Agrawala, Adv.
Mr. E. C. Agrawala, Adv.
Mr. Abhinav Agrawal, Adv.
Mr. Dheeraj Gupta, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This Court, on 24.07.2013, had passed the following order:
"We are informed by the learned counsel appearing Signature Not Verified on either side that the main matter is coming up Digitally signed by for hearing before the learned Single Judge of Naveen Kumar Date: 2014.08.08 16:19:51 IST the Bombay High Court on 31.07.2013. Under such Reason:
circumstances, we are not proposed to express any opinion on the various contention raised by the parties.2
However, we request the learned Single Judge of the High Court to dispose of the matter finally, uninfluenced by the observations made by the learned Single Judge and the Division Bench of the High Court, within a period of one month from the date of receipt of a copy of this order. Both parties would cooperate for early disposal of the matter.
List on 03.10.2013."
In pursuance of the aforesaid order, the learned Single Judge has already passed an order affirming the ad interim order of injunction on 27.05.2014. Needless to say, the said order is subject to an appeal before the Division Bench.
In view of the aforesaid, liberty is granted to the appellant to file an appeal before the Division Bench, if so advised, in the High Court of Bombay. We further state that the Division Bench shall decide the matter on its own merit, without being influenced by the order passed in Appeal Lodging No. 554/2012 in Notice of Motion(L) No. 1955 of 2012 in Suit (L) No. 1675/2012. We have been compelled to say so as the Division Bench has expressed its opinion in its order, especially in the reasoning part. Needless to say, the parties are at liberty to raise all their contentions, as permissible in law.
With the aforesaid observations, the special leave petition stands disposed of. There shall be no order as to cost.
(NAVEEN KUMAR) (RENUKA SADANA) COURT MASTER COURT MASTER