Brihan Karan Sugar Syndicate Private ... vs Chitali Botting Limited on 5 February, 2021

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Bombay High Court

Brihan Karan Sugar Syndicate Private ... vs Chitali Botting Limited on 5 February, 2021

Bench: G.S. Patel

                                      19-IA-897-2020-LPETN-30-2020 IN COMIP-309-2020.DOCX




                   Arun



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                  IN ITS COMMERCIAL DIVISION
                              INTERIM APPLICATION NO. 897 OF 2020
                                                  WITH
                                  LEAVE PETITION NO. 30 OF 2020
                                                    IN
                              COMMERCIAL IP SUIT NO. 309 OF 2020


                    Brihan Karan Sugar Syndicate Pvt Ltd           ...Applicant/ Plaintiff
                          Versus
                    Chitali Bottling Ltd                                     ...Defendant


ARUN
RAMCHANDRA
                    Mr Rashmin Khandekar, with Mr Ashutosh Kane, Mr Nikhil
SANKPAL
                         Sharma and Mr Ajaraj Bagwe, i/b WS Kane & Co, for the
Digitally signed
by ARUN
                         Plaintiff.
                    Dr Abhinav Chandrachud, with Mr Bernardo Reis, i/b Mr Pavan S
RAMCHANDRA
SANKPAL
Date: 2021.02.08
10:58:21 +0530
                         Patil, for the Defendant.


                                          CORAM:         G.S. PATEL, J
                                          DATED:         5th February 2021
                    PC:-


                   1.

This Commercial Intellectual Property Suit and the Interim Application are linked to Appeal from Order (Stamp) No. 3938 of 2020. The Plaintiff in the Original Side proceedings is the Brihan Karan Sugar Syndicate Pvt Ltd ("Brihan Karan"). The Defendant is Chitali Bottling Ltd ("Chitali Bottling"). The dispute relates to Page 1 of 3 5th February 2021 19-IA-897-2020-LPETN-30-2020 IN COMIP-309-2020.DOCX the use of a trade mark, "TANGO PUNCH", used on country liquor.

2. Chitali Bottling filed a Special Civil Suit No. 95 of 2020 in the Court of Civil Judge, Senior Division, Pune against Brihan Karan. Chitali Bottling sought an injunction against Brihan Karan, and it appears that the dispute in that civil suit also relates to trademarks, including 'Tango Punch'. The Civil Judge declined relief to Chitali Bottling. It filed the Appeal from Order noted above. That Appeal from Order is pending before another Court ( Prithviraj K Chavan, J).

3. I believe that the two matters should be heard and can conceivably be more efficiently disposed of by a common order. The plaint in one is very likely the defence to the other.

4. I will give the parties the liberty to apply on the administrative side to have the Appeal from Order assigned to this Court, and, subject to that permission, will take up both the Appeal from Order and the present Interim Application at the earliest possible date.

5. Liberty to mention after the application on the administrative for clubbing the two matters is disposed of. It is clarified that if the permission to tag the matters is declined, Brihan Karan will still be entitled to mention its IA.

Page 2 of 3

5th February 2021 19-IA-897-2020-LPETN-30-2020 IN COMIP-309-2020.DOCX

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

(G. S. PATEL, J) Page 3 of 3 5th February 2021

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