Arif Abdul Kader Fazlani vs Hitesh Raojibhai Patel & Co & on 4 September, 2014

[Cites 2, Cited by 0]

Gujarat High Court

Arif Abdul Kader Fazlani vs Hitesh Raojibhai Patel & Co & on 4 September, 2014

Bench: N.V.Anjaria

           O/CS/1/2012                                             ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           CIVIL SUITS NO. 1 of 2012
                                        With
                    CIVIL APPLICATION NO. 293 of 2012
                                          In
                           CIVIL SUITS NO. 1 of 2012
================================================================
              ARIF ABDUL KADER FAZLANI....Plaintiff(s)
                             Versus
          HITESH RAOJIBHAI PATEL & CO & 1....Defendant(s)
================================================================
Appearance:
NANAVATI ASSOCIATES, ADVOCATE for the Plaintiff(s) No. 1
MR HARSHIT S TOLIA, ADVOCATE for the Defendant(s) No. 1
MR PARTH S TOLIA, ADVOCATE for the Defendant(s) No. 1 - 2
================================================================

        CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

                            Date : 04/09/2014

                            COMMON ORAL ORDER

Learned advocate Mr.Praneet Nanavati for Nanavati Associates seeks permission to withdraw the present Civil Suit on instructions from the plaintiff.

2. With regard to request of the withdrawal of the suit, learned advocate Mr.Tejas Trivedi for learned advocate Mr.Harshit Tolia for the defendants invited attention of the Court to the written statement-cum-counterclaim filed by them pointing out that defendants had lodged counterclaim.

3. The prayers in respect of the counterclaim in paragraph No.10 of the written statement-cum-

Page 1 of 2

O/CS/1/2012 ORDER counterclaim were noticed which are as under:

"(A) The Hon'ble Court be pleased to revoke the patent no. 226534 granted on 18/12/2008 (Subject matter of the present suit), in favour of the plaintiff, on the basis of ground/s available under Section 64 of the Patents Act, 1970, as stated above and/or further on the above mentioned grounds for the revocation and/or any such other and further grounds that may be deem fit by this Hon'ble Court in the interest of justice;

(B) The Hon'ble Court be pleased to give the direction to the Controller of Patent to remove the above said patent being no. 226534 (granted in favour of the plaintiff), from the register of the patent office;"

4. The above prayers were made in the context of the averments made in the written statement elsewhere raising the counter-claim.

5. Learned advocate for the plaintiff is permitted to withdraw the present Civil Suit. The suit stands disposed of as withdrawn.

6. However it is clarified that in view of the provisions of Order VIII Rule 6 of the Code of Civil Procedure, the counter-claim of the defendants shall survive for adjudication.

7. In view of withdrawal of the Civil Suit No.01 of 2012, O.J. Civil Application No.293 of 2012 does not survive and therefore, no orders are required to be passed. It is disposed of accordingly.

(N.V.ANJARIA, J.) Anup Page 2 of 2

Unlock Advanced Research with PRISMAI

Gujarat High Court