Parle Agro Private Limited vs (Baf) Balaji Agro Foods And 4 Ors on 27 October, 2021

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Bombay High Court

Parle Agro Private Limited vs (Baf) Balaji Agro Foods And 4 Ors on 27 October, 2021

Bench: G.S. Patel

                                                       4-IAL-19393-2021 IN COMIPL-19385-2021.DOC




                      Shephali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                         IN ITS COMMERCIAL DIVISION
                                 INTERIM APPLICATION (L) NO. 19393 OF 2021
                                                          IN
                                  COMMERCIAL IP SUIT (L) NO. 19385 OF 2021


                      Parle Agro Private Limited                                     ...Plaintiff
                            Versus
                      (BAF) Balaji Agro Foods & Ors                              ...Defendants


                      Mr Hiren Kamod, with Raina Gajria, & Amritha Vyas, i/b Gajria &
                           Co., for the Plaintiffs.
                      Mr Rashmin Khandekar,wtih Chetan Mali, i/b RV & Co, for the
                           Defendants.
                      Mr DN Kher, Court Receiver present.


                                               CORAM: G.S. PATEL, J
                                               DATED: 27th October 2021
                      PC:-


                      1.

Defendants Nos. 2 and 5 are present in Court pursuant to my order of 25th October 2021. They personally and through Mr Khandekar express their regret at the untoward incident reported by SHEPHALI the Court Receiver and tender an unconditional apology. This is SANJAY MORMARE accepted. Mr Khandekar says hat they were wrongly advised by local Digitally signed by SHEPHALI SANJAY MORMARE Advocate on a complete misunderstanding and misinterpretation of Date: 2021.10.28 10:41:42 +0530 the law. Mr Khandekar solemnly assures me that he has explained to Page 1 of 2 27th October 2021 4-IAL-19393-2021 IN COMIPL-19385-2021.DOC them "in a language they understand" (but delicately refrains from repeating that verbatim in Court; probably for the best) but I am assured that they have understood the position.

2. I should have expected a settlement of disputes on this because the previous orders of injunction are now quite clear. It seems, however, that a settlement is not possible in either the IA or the suit.

3. The Defendants will be entitled to file and serve their Affidavit in Reply by 6th December 2021. An Affidavit of Rejoinder is permitted to be filed and served y 17th December 2021.

4. Liberty to the Plaintiffs to apply for a listing of the IA for final hearing thereafter.

5. The previous orders will continue until final disposal of the IA.

6. All contentions are kept open.

7. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 2 of 2 27th October 2021

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