Madras High Court
Dart Industries Inc vs Cello Plastotech on 25 February, 2016
Author: M.M.Sundresh
Bench: Sanjay Kishan Kaul, M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
and
THE HON'BLE MR. JUSTICE M.M.SUNDRESH
O.S.A.No.268 of 2015
1.DART INDUSTRIES INC.
(A Corporation founded under the
Laws of Delaware, U.S.A.),
14901, South Orange Blossom Trail,
Orlando, Florida 32837,
U.S.A.
Rep. by its constituted attorney
Kimberley Weate
2.TUPPERWARE INDIA PVT. LTD.,
204-206 Tolstoy House,
15, Tolstoy Marg,
New Delhi-110 001
rep. by its Authorised Signatory
VanditaBatta .. Appellants
vs
1.CELLO PLASTOTECH
Surv.No.597/2A,
Somnath Road, Dabhel
Daman-396 210.
Also at:
Cello House, Corporate Avenue 1st Floor,
B Wing, Sonawala Lane Goregaon (E),
Mumbai-400 063, India.
2.CELLO HOUSEHOLD PRODUCTS
Building A, Plot No.710, 711, 714 to 717
Somnath Road,
Dabhel,
Daman-396 210 .. Respondents
Appeal filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order made in A.No.7585 of 2015 in C.S.No.829 of 2015, dated 16.12.2015.
For Appellants .. Mr.P.S.Raman
Senior Counsel
for
M/s.Arun C Mohan
For Respondents .. Mr.Satish Parasaran
* * * * *
JUDGMENT
(Judgment of the Court was delivered by The Hon'ble Chief Justice) We have heard the learned counsel for parties at length.
2. The following agreed order is passed:-
(1)The impugned order of the learned Single Judge dated 16.12.2015 in A.No.7585 of 2015 in C.S.No.829 of 2015 is set aside and the suit is restored to its file.
(2)The present position of their being no interim order would continue till the application for interim relief is heard.
(3)The learned Single Judge to bestow his urgent consideration on the issue of consideration of the grant of interim relief.
(4)The defendants will file their written statement and the documents within three weeks' from today.
(5)The learned counsel for parties will appear before the learned Single Judge for consideration of the interim application on 21.03.2016.
3. The appeal stands allowed in the aforesaid terms. No costs.
(S.K.K., CJ.) (M.M.S.,J.)
25.02.2016
Index : Yes/No
Internet : Yes/No
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To
The Sub Assistant Registrar,
Original Side, High Court, Madras.
The Hon'ble Chief Justice
and
M.M.Sundresh, J.
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O.S.A.No.268 of 2015
25.02.2016