Parle Agro Private Limited vs Shree Balaji Food And Beverages And And 3 ... on 3 September, 2019

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Bombay High Court

Parle Agro Private Limited vs Shree Balaji Food And Beverages And And 3 ... on 3 September, 2019

Bench: K.R.Shriram

                                        1/2                          10.NMCD-2110-2019.doc




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY AND ORIGINAL CIVIL JURISDICTION
                         IN ITS COMMERCIAL DIVISION
                COMMERCIAL NOTICE OF MOTION NO.2110 OF 2019
                                  WITH
                      LEAVE PETITION NO.142 OF 2019
                                    IN
                    COMMERCIAL IP SUIT NO.1114 OF 2019
Parle Agro Private Limited                      ....Applicant/Plaintiff
          Vs.
Shree Balaji Food and Beverages and Ors.        ....Defendants
                                         ----
Mr. Hiren Kamod a/w. Mr. Nishad Nadkarni and Ms. Khushboo
Jhunjhunwala i/b. Khaitan and Co. for applicant/plaintiff.
Mr. K. W. Fule for defendant nos.2 and 3.
Mr. Vivek Bharadwaj for defendant no.4.
Mr. D. N. Kher, Court Receiver present.
                                     ----
                                 CORAM : K.R.SHRIRAM, J.

                                 DATE     : 3rd SEPTEMBER 2019

P.C.:

1                At the outset, Mr. Bharadwaj undertakes to file Vakalatnama on

behalf of defendant no.4. Mr. Bharadwaj states that defendant no.1 firm is no more in existence. Once upon a time defendant nos.2, 3 and 4 were partners of defendant no.1 but that firm has been dissolved long ago. 2 Defendant no.4 to file documentary evidence to that effect. The counsel for defendant no.4 shall provide details of defendant no.1 having been dissolved to plaintiff's advocates within two weeks from today with documentary evidence. Mr. Kamod states that once such evidence is received, he will take instructions from plaintiff as to whether to continue Gauri Gaekwad ::: Uploaded on - 05/09/2019 ::: Downloaded on - 05/09/2019 20:56:27 ::: 2/2 10.NMCD-2110-2019.doc the suit against defendant no.1.

3 The counsel state that the ad-interim order granted on 6th August 2019 be confirmed as order in the notice of motion and notice of motion be disposed.

4 Therefore, the order dated 6th August 2019 is confirmed as order in the notice of motion and notice of motion disposed. 5 Plaintiff, however, is given liberty to press for relief in terms of passing off after the Clause 14 petition is heard and disposed. 6 Mr. Fule and Mr. Bharadwaj waive service of the writ of summons.

7 Time to file written statement begins today. Written statement to be filed and copy served by 15th October 2019. It is made clear that no extension will be granted.

8 Suit be listed for case management hearing on 18 th October 2019.

(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 05/09/2019 ::: Downloaded on - 05/09/2019 20:56:27 :::

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Bombay High Court