Maxion Wheels Germany Holding Gmbh And ... vs Steel Strips Wheels Ltd on 13 January, 2021

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Bombay High Court

Maxion Wheels Germany Holding Gmbh And ... vs Steel Strips Wheels Ltd on 13 January, 2021

Bench: G.S. Patel

                                                                      7-COMIPL6790-20.DOCX




                   Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                     IN ITS COMMERCIAL DIVISION
                               COMMERCIAL IP SUIT (L) NO. 6790 OF 2020
                                                     WITH
                               INTERIM APPLICATION (L) NO. 6798 OF 2020
                                                     WITH
                               INTERIM APPLICATION (L) NO. 578 OF 2021
                                                     WITH
                                 LEAVE PETITION (L) NO. 6802 OF 2020

                        Maxion Wheels Germany Holding Gmbh & Anr                  ...Plaintiffs
                               Versus
                        Steel Strips Wheels Ltd                                 ...Defendant


                        Mr Cherag Bulsara, with Zoya Syed, i/b Zoya Syed, for the Plaintiff.
                        Mr Hiren Kamod, with Prem Khullar, Tarun Khurana, Abhijeet
                             Deshmukh, Meenakshi Ogra and Niharika Sanadhya, i/b
                             Khurana & Khurana, Advocates & IP Attorneys, for the
                             Defendant.


Shephali                                     CORAM:          G.S. PATEL, J
Mormare
                                                             (Through Video Conference)
Digitally signed
by Shephali
Mormare
                                             DATED:          13th January 2021
Date: 2021.01.13
17:15:00 +0530          PC:-


                   1.

Heard through video conferencing.

Page 1 of 2

13th January 2021 7-COMIPL6790-20.DOCX

2. The Interim Application will need to be heard finally. This is an action in design infringement. Mr Kamod for the Defendant has put in a substantial reply. He seeks to file a short further Affidavit demonstrating that there are others in the market with the substantially similar or identical design even prior to the Plaintiff. That further Affidavit is to be filed and served on or before 18th January 2021.

3. An Affidavit in Rejoinder to both the original Affidavit in Reply as also to the further Affidavit is to be filed and served on or before 5th February 2021.

4. List the Interim Application for final hearing in the afternoon session on 10th February 2021.

5. The Defendant's application for revocation of leave under Order VII Rule 11 will also to be listed on that date. In the Defendant's Interim Application, Affidavit in Reply to be filed and served on or before 29th January 2021. Affidavit in Rejoinder, if any, to be filed and served on or before 5th February 2021.

6. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 2 of 2 13th January 2021

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Bombay High Court