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Supreme Court - Daily Orders

M/S Pepsy Fireworks Industries vs Pespsico Inc on 19 September, 2022

Bench: D.Y. Chandrachud, Hima Kohli

                                                               1

     ITEM NO.17                                    COURT NO.2                        SECTION IV-B

                                      S U P R E M E C O U R T O F               I N D I A
                                              RECORD OF PROCEEDINGS

                 Petition(s) for Special Leave to Appeal (C)                       No(s).14699/2022

     (Arising out of impugned final judgment and order dated 02-05-2022
     in FAO-COM No. 7/2022 passed by the High Court of Punjab & Haryana
     at Chandigarh)

     M/S PEPSY FIREWORKS INDUSTRIES                                                   Petitioner(s)

                                                             VERSUS

     PESPSICO INC & ANR.                                                              Respondent(s)

     (FOR ADMISSION and I.R. and IA No.119296/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     Date : 19-09-2022 This petition was called on for hearing today.

     CORAM :
                              HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                              HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)                      Mr.   Sachin Mittal, Adv.
                                            Mr.   Shivek Rai Kapoor, Adv.
                                            Mr.   Pulak Gupta, Adv.
                                            Mr.   Rahul Joshi, AOR

     For Respondent(s)                      Dr.   Abhishek Manu Singhvi, Sr. Adv.
                                            Mr.   V. Giri, Sr. Adv.
                                            Mr.   Manish Jha, Adv.
                                            Mr.   Angad Baxi, Adv.
                                            Mr.   Dheeraj Nair, AOR

                           UPON hearing the counsel the Court made the following
                                                  O R D E R

1 There is a concurrent finding both by the trial Judge and by the High Court on the basis of which an interlocutory injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 has been granted.

Signature Not Verified Digitally signed by 2 CHETAN KUMAR

Date: 2022.09.20 At this stage, we are not inclined to exercise our jurisdiction under Article 136 of 16:55:48 IST Reason:

the Constitution to enquire into the above finding of fact. An issue as regards territorial jurisdiction has already been framed by the trial court (Issue No 6). It 2 needs to be only clarified that the issue shall be decided by the trial court uninfluenced by any observations contained in the impugned order of the High Court.
3 Subject to the above clarification, the Special Leave Petition is dismissed. 4 Pending application, if any, stands disposed of.
       (SANJAY KUMAR-I)                                      (MONIKA DEY)
       DEPUTY REGISTRAR                                      COURT MASTER