Bombay High Court
Bharat Bhogilal Patel vs Mass Transfer Products Industries Pvt ... on 23 June, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
6-COMIP-141-14.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL IPR SUIT NO. 141 OF 2014
Bharat Bhogilal Patel ...Plaintiff
Versus
Allflex India Private Limited ...Defendant
WITH
COMMERCIAL IP SUIT NO. 177 OF 2018
WITH
COMMERCIAL IP SUIT NO. 865 OF 2018
WITH
COMMERCIAL IP SUIT NO. 297 OF 2018
WITH
COMMERCIAL IP SUIT NO. 153 OF 2018
WITH
COUNTER CLAIM NO. 12 OF 2019
IN
COMMERCIAL IP SUIT NO. 153 OF 2018
WITH
COMMERCIAL IP SUIT NO. 178 OF 2018
WITH
COMMERCIAL IP SUIT NO. 137 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 956 OF 2018
WITH
COUNTER CLAIM NO. 13 OF 2019
IN
COMMERCIAL IP SUIT NO. 137 OF 2018
WITH
COMMERCIAL IP SUIT NO. 485 OF 2018
WITH
COUNTER CLAIM NO. 2 OF 2019
WITH
IN PERSON APPLICATION NO. 54 OF 2018
1/11
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IN
COMMERCIAL IP SUIT NO. 485 OF 2018
WITH
COMMERCIAL IP SUIT NO. 487 OF 2018
WITH
COMMERCIAL IP SUIT NO. 348 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 600 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 582 OF 2017
WITH
COMMERCIAL NOTICE OF MOTION NO. 686 OF 2017
WITH
COUNTER CLAIM NO. 1 OF 2019
IN
COMMERCIAL IP SUIT NO. 348 OF 2017
WITH
COMMERCIAL IP SUIT NO. 866 OF 2018
WITH
SUIT NO. 501 OF 2016
WITH
NOTICE OF MOTION NO. 262 OF 2017
IN
SUIT NO. 501 OF 2016
WITH
SUIT NO. 737 OF 2016
WITH
COMMERCIAL IP SUIT NO. 1546 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 1408 OF 2019
IN
COMMERCIAL IP SUIT NO. 1546 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1439 OF 2018
WITH
COMMERCIAL IP SUIT NO. 577 OF 2019
WITH
COMMERCIAL IP SUIT NO. 1428 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1559 OF 2018
WITH
2/11
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COMMERCIAL IP SUIT NO. 1193 OF 2018
WITH
COMMERCIAL IP SUIT NO. 5 OF 2019
WITH
COMMERCIAL IP SUIT NO. 36 OF 2019
WITH
COMMERCIAL IP SUIT NO. 171 OF 2018
WITH
COMMERCIAL IP SUIT NO. 74 OF 2018
WITH
COMMERCIAL IP SUIT NO. 318 OF 2019
WITH
COMMERCIAL IP SUIT NO. 606 OF 2019
WITH
COMMERCIAL IP SUIT NO. 43 OF 2019
WITH
COMMERCIAL IP SUIT NO. 1421 OF 2018
WITH
COMMERCIAL NOTICE OF MOTION NO. 1985 OF 2019
IN
COMMERCIAL IP SUIT NO. 1421 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1442 OF 2018
WITH
COMMERCIAL IP SUIT NO. 561 OF 2019
WITH
COMMERCIAL IP SUIT NO. 48 OF 2019
WITH
COMMERCIAL IP SUIT NO. 44 OF 2019
WITH
COMMERCIAL IP SUIT NO. 583 OF 2019
WITH
COMMERCIAL IP SUIT NO. 887 OF 2017
WITH
CHAMBER SUMMONS NO. 843 OF 2018
IN
COMMERCIAL IP SUIT NO. 887 OF 2017
WITH
COMMERCIAL IP SUIT NO. 888 OF 2017
WITH
COMMERCIAL IP SUIT NO. 892 OF 2017
3/11
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WITH
SUIT NO. 3293 OF 2010
WITH
COMMERCIAL IP SUIT NO. 95 OF 2018
WITH
IN PERSON APPLICATION NO. 228 OF 2017
IN
COMMERCIAL IP SUIT NO. 95 OF 2018
WITH
COMMERCIAL IP SUIT NO. 43 OF 2018
WITH
IN PERSON APPLICATION NO. 232 OF 2017
IN
COMMERCIAL IP SUIT NO. 43 OF 2018
WITH
COMMERCIAL IP SUIT NO. 1129 OF 2018
WITH
IN PERSON APPLICATION NO. 231 OF 2017
IN
COMMERCIAL IP SUIT NO. 1129 OF 2018
WITH
COMMERCIAL SUIT NO. 316 OF 2018
WITH
IN PERSON APPLICATION NO. 237 OF 2017
WITH
ODGINGNOTICE OF MOTION (L) NO. 2118 OF 2018
IN
COMMERCIAL SUIT NO. 316 OF 2018
WITH
COMMERCIAL IP SUIT NO. 697 OF 2018
WITH
IN PERSON APPLICATION NO. 236 OF 2017
IN
COMMERCIAL IP SUIT NO. 697 OF 2018
WITH
COMMERCIAL IP SUIT NO. 29 OF 2018
WITH
IN PERSON APPLICATION NO. 238 OF 2017
IN
COMMERCIAL IP SUIT NO. 29 OF 2018
WITH
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COMMERCIAL IP SUIT NO. 56 OF 2018
WITH
IN PERSON APPLICATION NO. 239 OF 2017
IN
COMMERCIAL IP SUIT NO. 56 OF 2018
WITH
COMMERCIAL IP SUIT NO. 394 OF 2017
WITH
IN PERSON APPLICATION NO. 97 OF 2016
WITH
COUNTER CLAIM NO. 30 OF 2017
IN
COMMERCIAL IP SUIT NO. 394 OF 2017
WITH
COMMERCIAL IP SUIT NO. 423 OF 2017
WITH
IN PERSON APPLICATION NO. 108 OF 2016
IN
COMMERCIAL IP SUIT NO. 423 OF 2017
WITH
COMMERCIAL IP SUIT NO. 353 OF 2017
WITH
COUNTER CLAIM (L) NO. 5 OF 2018
WITH
IN PERSON APPLICATION NO. 110 OF 2016
IN
COMMERCIAL IP SUIT NO. 353 OF 2017
WITH
COMMERCIAL IP SUIT NO. 356 OF 2017
WITH
INTERIM APPLICATION (L) NO. 10865 OF 2023
WITH
IN PERSON APPLICATION NO. 111 OF 2016
IN
COMMERCIAL IP SUIT NO. 356 OF 2017
WITH
COMMERCIAL IP SUIT NO. 352 OF 2017
WITH
IN PERSON APPLICATION NO. 112 OF 2016
IN
COMMERCIAL IP SUIT NO. 352 OF 2017
5/11
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WITH
COMMERCIAL SUIT NO. 411 OF 2017
WITH
IN PERSON APPLICATION NO. 109 OF 2016
WITH
COUNTER CLAIM NO. 35 OF 2017
IN
COMMERCIAL SUIT NO. 411 OF 2017
WITH
COMMERCIAL IP SUIT NO. 380 OF 2017
WITH
IN PERSON APPLICATION NO. 114 OF 2016
IN
COMMERCIAL IP SUIT NO. 380 OF 2017
WITH
COMMERCIAL IP SUIT NO. 360 OF 2017
WITH
IN PERSON APPLICATION NO. 120 OF 2016
WITH
COUNTER CLAIM NO. 4 OF 2018
IN
COMMERCIAL IP SUIT NO. 360 OF 2017
WITH
COMMERCIAL IP SUIT NO. 357 OF 2017
WITH
IN PERSON APPLICATION NO. 119 OF 2016
IN
COMMERCIAL IP SUIT NO. 357 OF 2017
WITH
COMMERCIAL IP SUIT NO. 358 OF 2017
WITH
COMMERCIAL IP SUIT NO. 370 OF 2017
WITH
IN PERSON APPLICATION NO. 121 OF 2016
IN
COMMERCIAL IP SUIT NO. 370 OF 2017
WITH
COMMERCIAL IP SUIT NO. 354 OF 2017
WITH
IN PERSON APPLICATION NO. 124 OF 2016
IN
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COMMERCIAL IP SUIT NO. 354 OF 2017
WITH
COMMERCIAL IP SUIT NO. 235 OF 2017
WITH
IN PERSON APPLICATION NO. 125 OF 2016
IN
COMMERCIAL IP SUIT NO. 235 OF 2017
WITH
COMMERCIAL IP SUIT NO. 382 OF 2017
WITH
IN PERSON APPLICATION NO. 126 OF 2016
IN
COMMERCIAL IP SUIT NO. 382 OF 2017
WITH
COMMERCIAL SUIT NO. 351 OF 2017
WITH
IN PERSON APPLICATION NO. 118 OF 2016
IN
COMMERCIAL SUIT NO. 351 OF 2017
WITH
COMMERCIAL IP SUIT NO. 350 OF 2017
WITH
IN PERSON APPLICATION NO. 123 OF 2016
IN
COMMERCIAL IP SUIT NO. 350 OF 2017
WITH
COMMERCIAL IP SUIT NO. 234 OF 2017
WITH
IN PERSON APPLICATION NO. 129 OF 2016
IN
COMMERCIAL IP SUIT NO. 234 OF 2017
WITH
COMMERCIAL IP SUIT NO. 379 OF 2017
WITH
IN PERSON APPLICATION NO. 130 OF 2016
IN
COMMERCIAL IP SUIT NO. 379 OF 2017
WITH
COMMERCIAL IP SUIT NO. 424 OF 2017
WITH
IN PERSON APPLICATION NO. 131 OF 2016
7/11
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IN
COMMERCIAL IP SUIT NO. 424 OF 2017
WITH
COMMERCIAL IP SUIT NO. 416 OF 2017
WITH
INTERIM APPLICATION (L) NO. 11153 OF 2023
WITH
COMMERCIAL IP SUIT NO. 381 OF 2017
WITH
IN PERSON APPLICATION NO. 6 OF 2017
IN
COMMERCIAL IP SUIT NO. 381 OF 2017
----------
Mr. Ketan Parekh i/by. K.R. Parekh & Co. for the Plaintiff in all
matters.
Mr. Muralidhar Khadilkar, Mr. Aakash Joshi, Mr. Hiten Wasan, Mr.
Manish Rai i/by. Mag Legal for defendant in COMIP/297/2018.
Mr. Chirag Dave i/by Legasis Partners for the Defendant in
COMIP/177/2018 and COMIP/178/2018.
Mr. Minesh Andharia a/w Mr. Hardik Sampat i/by i/by. Krishna &
Saurastri Associates LLP for defendant in COMIP/137/2018 and for
counter claimant in CC/13/2019.
Mr. Karan Gajra i/by. Mr. Abhijeet Desai Legal for defendant Nos.1
and 3 in COMIP/416/2017.
Ms. Suvarna Joshi for defendants in COMIP/234/2017.
Mr. Ankit Rajput i/by Law Cell for the Defendant (Spinks) in
S/737/2016.
Mr. Samarth Jaidev i/by. Sanjay Udeshi & Co for defendant in
COMIP/48/2019.
Mr. Piyush Shah a/w Mr. Jay Vora for defendants in COMIP/356 and
381/2017.
Mr. Akshay Kapadia a/w. Mahua Roy Chowdhury, J. Singh i/by
Royzz & Co. for defendant in COMIP/379/2017.
Mr. Meit Sampat, i/by. Little & Co. for defendant in
COMIP/1193/2018.
Mr. Nooruddin Dhilla i/by AZB & Partners for defendant in
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COMIP/1442/2018.
Mr. S. Das i/by. Krishnamurthy & Co. for defendant in
COMIP/44/2019.
Ms. Niharika Singh, i/by. Mr. Nirav Shah for defendant Nos. 1, 2 and
4 in COMIP/354/2017.
Mr. Atmaram Patade a/w. Mr. Pranav Manjrekar and Mr. Suraj Naik,
i/by. Atmaram Patade for defendant in COMIP/43/2019.
Mr. Ramesh Gajria, i/by. Gajria & Co. for defendant in
COMIP/424/2017.
Ms. Amruta Thakur, i/by. W.S. Kane & Co. for defendant in
COMIP/577/2019.
Ms. Shikha Ghosh for the Defendant Nos. 1 and 2 in
COMIP/866/2018.
Ms. Shikha Ghosh for the Defendant in COMIP/583/2019.
Mr. Amey Nargolkar, Mr. Janaksinh Jhala a/w. Mr. Dhiren Karania,
i/by. Khaitan and Co. for defendant in Suit/501/2016,
COMIP/153/2018 and COMIP/56/2018 and for counter claimant in
CC/12/2019.
Ms. Mansi Patel for defendant in COMIP/606/2019.
Siddha Pamecha a/w Vara Gaur and Abhishek Arora for defendant in
COMIP/360/2017.
Mr. Deepak Deshmukh, Mr. Sujoy Mukherji i/by Anand & Naik for
the Defendant in COMIP/370/2017, COMIP/357/2017,
COMIP/358/2017, COMIP/371/2017, COMIP/29/2018,
COMIP/1559/2018, COMIP/1421/2018, COMIP/5/2019 and
COMIP/36/2019.
Mr. Shashwat Rai, i/by. Keystone Partners for defendant in
COMIP/887/2017 and COMIP/316/2018.
Mr. Yash Pitroda a/w Mr. Akshay Sawant, i/by. I. V. Merchant & Co.
for defendant in COMIP/394 and 411/2017.
Mr. Rutwik Rao for defendants in COMIP/561/2019.
----------
CORAM : R.I. CHAGLA J
DATE : 23 June 2023
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ORDER :
1. The learned Counsel appearing for the Applicant has sought leave to withdraw the Notice of Motion No. 262 of 2017 in Suit No. 501 of 2016 unconditionally.
2. In view thereof, Notice of Motion No. 262 of 2017 is disposed of as withdrawn.
3. It is noted that by order dated 6th April 2017 passed by the Prothonotary & Senior Master of this Court, it was made clear that in the event, Notice of Motion is dismissed, written statement is to be filed within six weeks after dismissal of the Notice of Motion. In view thereof, written statement shall be filed within a period of six weeks from today.
4. Rest of the matters which have been listed at Sr.No. 6 on today's board shall be placed on 4th July 2023.
5. Those who intend to file the Application under Order 13A of the Code of Civil Procedure, 1908 shall do so by 30th June 10/11 ::: Uploaded on - 27/06/2023 ::: Downloaded on - 27/06/2023 23:32:51 ::: 6-COMIP-141-14.doc 2023.
6. Place the matters along with the Applications under Order 13A on 4th July 2023.
7. Framing of issues shall be considered after hearing of the Applications under Order 13A of the Code of Civil Procedure, 1908.
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