Bombay High Court
K L F Nirmal Industries Pvt Ltd vs Marico Limited on 7 October, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
903-IA(L) 26759.2023 in COMIP(L) 22293.2023.doc
Kavita S. J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.26759 OF 2023
IN
COMMERCIAL IP (L) SUIT NO.22293 OF 2023
K.L.F. Nirmal Industries Pvt. Ltd., ...Applicant/
Defendant
In the matter between :
Marico Limited ...Plaintiff
Versus
K.L.F. Nirmal Industries Pvt. Ltd., ...Defendant
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Mr. Venkatesh Dhond, Senior Counsel a/w Mr. Arun Mohan, Mr.
Shriraj Dhruv and Mr. Ronak Shah i/b Dhru & Co., Advocates for
Applicant/Original Defendant.
Dr. Birendra Saraf, Senior Counsel a/w Mr. Hiren Kamod, Mr. Nishad
Nadkarni, Mr. Aasif Navodia, Ms. Khushboo Jhunjhunwala,
Ms. Jaanvi Chopra i/b Khaitan & Co., Advocates for Plaintiff.
Mrs. Naina Poojary, S.O.,Court Receiver present.
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CORAM : R.I. CHAGLA, J.
DATE : 7TH OCTOBER, 2023.
ORDER :
1. Mr. Dhond, learned Senior Counsel appearing for the Applicant/Defendant had mentioned the matter and the matter is accordingly placed today on the Supplementary Board. It is noted 1/3 ::: Uploaded on - 09/10/2023 ::: Downloaded on - 09/10/2023 23:41:34 ::: 903-IA(L) 26759.2023 in COMIP(L) 22293.2023.doc that by order dated 29th September, 2023, the pleadings in the Interim Application taken out by the Applicant/Defendant for vacation and setting aside the impugned order dated 18 th August, 2023 passed in the Interim Application (L) No.26759 of 2023 in the above Commercial Suit under Order 39, Rule 4 of the Code of Civil Procedure, 1908 is to be completed as directed. The Plaintiff is to file Affidavit-in-Reply on or before 13 th October, 2023 and the Applicant/ Original Defendant is to file Affidavit-in-Rejoinder on or before 20th October, 2023.
2. Mr. Dhond has submitted that there is urgency in the matter considering that there are certain supplies to be made to Canteen Stores and which are to be made from 4 th October, 2023, otherwise, the Defendant will be in breach of their contract with the Canteen Stores. He has accordingly sought for the matter to be advanced as it has been placed on 23 rd October, 2023 by the said order dated 29th September, 2023.
3. Mr. Dhond has also tendered additional Affidavit on behalf of the Applicant dated 6th October, 2023 which has annexed copy of Purchase Order dated 31st August, 2023 placed by the Canteen Stores Department with the Applicant/Plaintiff as well as subsequent 2/3 ::: Uploaded on - 09/10/2023 ::: Downloaded on - 09/10/2023 23:41:34 ::: 903-IA(L) 26759.2023 in COMIP(L) 22293.2023.doc Purchase Order dated 26th September, 2023 placed by the Canteen Stores Department with the Applicant/Plaintiff. The Applicant/Plaintiff has proposed change of packaging / trade dress for carrying out the supplies pursuant to the said Purchase Orders. The additional Affidavit on behalf of Applicant dated 6 th October, 2023 is taken on record.
4. In view thereof, the Applicant/Plaintiff shall file their Affidavit-in-Reply to the Interim Application as well as additional Affidavit on or before 12th October, 2023.
5. The Applicant/Original Defendant is at liberty to file Affidavit-in-Rejoinder on or before 16th October, 2023. Advanced copy shall be served on the Plaintiff by 15th October, 2023.
6. The Interim Application shall be placed on 17th October, 2023 on the Supplementary Board.
7. The ex-parte ad-interim order has been continued till 23 rd October, 2023, thus, no order is required in that context.
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