Bombay High Court
Kamruddin I. Mehsaniya vs Sarah International on 28 January, 2021
Author: Surendra P. Tavade
Bench: S.C. Gupte, Surendra P. Tavade
43.IA(L).2201.2021.doc
Aarti Digitally signed
by Aarti G.
Palkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. Date:
2021.02.02
Palkar 14:25:50 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.2201 OF 2021
IN
APPEAL (L) NO.2198 OF 2021
IN
INTERIM APPLICATION NO.1 OF 2021
IN
COMMERCIAL IP SUIT (L) NO.6425 OF 2020
IN
INTERIM APPLICATION (L) NO.6433 OF 2020
AND
LEAVE PETITION (L) NO.97 OF 2020
Kamruddin I. Mehsaniya ...Applicant
vs.
Sarah International ...Respondent
Dr. Veerendra Tulzapurkar, Senior Advocate a/w. Mr. Rashmin Khandekar,
Mr. Vinod Hegde and ms. Parveen Aanand i/by G.S. Hegde and V.A. Bhagat
for the Applicant.
Mr. Amit Jamsandekar a/w. Mr. Vighnesh Kamat, Mr. Hemang Engineer and
Ms. Karishma Shirke i/by Gordhandas and Fozdar for the Respondent.
Mr. D.N. Kher, Court Receiver present.
CORAM : S.C. GUPTE AND
SURENDRA P. TAVADE, JJ.
DATE : 28 JANUARY 2021
P.C. :
1. This appeal challenges an order passed by a learned Single Judge of this Court on an interim application made in a commercial suit. The commercial suit was an infringement and passing of action. Ex-parte ad- interim relief was ordered initially on the interim application in terms of prayer clause (a) and (c). Prayer clause (a) sought a temporary injunction In Aarti Palkar 1/2
43.IA(L).2201.2021.doc respect of infringement of plaintiffs registered trade mark by the impugned mark of the defendant, whereas prayer clause (c) sought appointment of Court Receiver for taking possession of the goods. The defendant moved an interim application for vacating of that relief. The ad-interim order came to be vacated on that application. The interim application on which the original ad-interim order was passed and which later came to be vacated by the impugned order is now anyway ripe of hearing. The parties have fled their respective pleadings in the application. On these facts, instead of entertaining the present appeal, which anyway concerns merely on ad- interim relief, it will be in the interest of justice to have the interim application itself heard in a time bound manner independently and without being infuenced by the impugned order. Learned counsel for both parties are agreeable to such course being adopted. Accordingly, we direct the learned Single Judge to decide the interim application, being Interim Application (L) No.6433 of 2020, as expeditiously as possible and preferably within a period of six weeks from today. Interim application shall be decided on its own merits and without in any way being infuenced by the impugned order dated 5 January 2021. The appeal is disposed of in the above terms.
2. In view of the disposal of the appeal, the interim application does not survive and is disposed of accordingly.
(SURENDRA P. TAVADE, J) (S.C. GUPTE, J.)
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