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Parle Products Pvt. Ltd. vs Britannia Industries Ltd. on 30 November, 2015

Bench: Ranjan Gogoi, N.V. Ramana

                                                                                          1


     ITEM NO.54                            COURT NO.8                    SECTION XVI

                                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). 5072-5073/2015
     (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 08/05/2014
     IN GA NO. 822/2012 IN AID NO. 2/2011 AND GA NO. 823/2012 IN AID NO.
     3/2011 PASSED BY THE HIGH COURT OF CALCUTTA)

     PARLE PRODUCTS PVT. LTD.                                             PETITIONER(S)

                                                    VERSUS

     BRITANNIA INDUSTRIES LTD.                                            RESPONDENT(S)

     (WITH INTERIM RELIEF AND OFFICE REPORT)

     WITH I.A. NOS.3-4                 (APPLN.(S)   FOR   PLACING   ON   RECORD   ADDITIONAL
     DOCUMENTS)

     Date : 30/11/2015 These petitions were called on for hearing today.

     CORAM :              HON'BLE MR. JUSTICE RANJAN GOGOI
                          HON'BLE MR. JUSTICE N.V. RAMANA

     For Petitioner(s)                     Mr.   Shyam Divan, Sr. Adv.
                                           Mr.   Aniruddha P. Mayee, Adv.
                                           Mr.   A. Selvin Raja, Adv.
                                           Ms.   Charudatta Mahindrakar, Adv.


     For Respondent(s)                     Mrs. Prathiba Singh, Sr. Adv.
                                           Mrs. Nandini Gore, Adv.
                                           Ms. Tahira Karanjawala, Adv.
                                           Mr. Karan Dev Chopra, Adv.
                                           Ms. Aditi Bhatt, Adv.
                                           Mr. Arjun Sharma, Adv.
                                           Mrs. Manik Karanjawala, Adv.
                                           for M/s Karanjawala & Co.

                            UPON hearing the counsel the Court made the following
                                                  O R D E R

Permission to place on record additional documents Signature Not Verified Digitally signed by Vinod Lakhina is granted.

Leave granted.

13:24:13 IST Reason:

The appeals are allowed in terms of the signed order.

    [VINOD LAKHINA]                             [ASHA SONI]
      COURT MASTER                             COURT MASTER

[SIGNED ORDER IS PLACED ON THE FILE]  1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).13946-13947 OF 2015 [Arising out of Special Leave Petition (Civil) No.5072-5073/2015] PARLE PRODUCTS PVT. LTD. ...APPELLANT(S) VERSUS BRITANNIA INDUSTRIES LTD. ...RESPONDENT(S) ORDER

1. Leave granted.

2. The conclusion recorded in the order of the High Court is primarily based on a visual comparison of the impugned designs with the designs that were pre-published and also with the prior registered design of the appellant (respondent No.3 in the High Court).

3. The provisions of the Designs Act, 2000 i.e. Section 36(3) enables the High Court to obtain the views/opinion/assistance of an expert in the matter. Considering the gamut of the issues involved and the controversy raised by the parties we are of the view that the High Court  2 ought to have obtained the views of the expert(s) before deciding the matter. The same having been not done, we allow the present appeals; set aside the order of the High Court and remit the matter(s) for disposal afresh in accordance with law. It will be open for both the parties to raise all objections and grounds before the High Court.

....................,J.

(RANJAN GOGOI) ....................,J.

(N.V. RAMANA) NEW DELHI NOVEMBER 30, 2015