Bombay High Court
The Scotch Whisky Association And 2 Ors vs Khoday India Ltd on 16 October, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
26-comip-296-2021.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COM IPR SUIT NO.296 OF 2021
The Scotch Whisky Association and Ors. ...Plaintiffs
Versus
Khoday India Ltd. ...Defendant
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Mr. Virendra Tulzapurkar, Senior Advocate, Mr. Kirit Munshi, Mr.
Amit Jamsandekar, Mr. Zubin Morris, Mr. Meit Sampat and Mr.
Aditya Singh i/b. Little and Co. for the Plaintiffs.
Mr. Gaurav Joshi, Senior Counsel, Ms. Falguni Thakkar and Ms.
Anshita Sethi i/b. DSK Legal for the Defendant.
Mr. Alan Park, PW 1 present through Video Conferencing.
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CORAM : R.I. CHAGLA J.
DATE : 16TH OCTOBER, 2023.
ORDER :
1. In the order dated 1st September, 2023, this Court indicated to the parties that the practise of this Court is to take all original documents and those which were issued by the legal keepers thereof and apostilled / legalized as per the provisions of the Indian Evidence Act, 1872 on record. The Court had also accepted the 1/5 ::: Uploaded on - 17/10/2023 ::: Downloaded on - 18/10/2023 03:36:54 ::: 26-comip-296-2021.doc Plaintiffs' counsel suggestion that the parties may consult with each other and agree upon the documents which can be received in evidence and taken on record and marked as Exhibits. Accordingly, the parties have carried out this exercise and apprised the Court of the same. The following are documents which are taken on record and marked as Exhibit P-37 to P-57. These documents and their markings are as follows:-
Sr. Description of Document Exhibit
No. No.
1 Certificate of good standing of Plaintiff No.1 dated P-37
23rd June, 2022.
2 Certificate of good standing of Plaintiff No.1 dated P-38
17th October, 2006.
3 Certificate issue by the Registrar of Companies of P-39
England and Wales dated 18th August, 2006 certifying that Plaintiff No.2 was incorporated as a limited company on 19th March, 1923.
4 Certificate of good standing of Plaintiff No.2 issued P-40 by the Registrar of Companies for England and Wales dated 17th October, 2006.
5 Certificate of good standing of Plaintiff No.2 issued P-41 by the Registrar of Companies of England and Wales dated 23rd June, 2022.
6 Certificate of good standing dated 17th October, P-42 2006 of Plaintiff No.3.
7 Original Scotch Whisky Regulation 2009. P-43 8 Certified copy of Certificate of incorporation of P-44 Plaintiff No.1.
2/5 ::: Uploaded on - 17/10/2023 ::: Downloaded on - 18/10/2023 03:36:54 :::26-comip-296-2021.doc 9 Certified copy of Memorandum of Association of P-45 SWA dated 24th March, 1960.
10 Certified copy of Articles of Association of SWA P-46 dated 24th March, 1960.
11 Certified copy of Memorandum and Articles of P-47 Association of Plaintiff No.1 dated 16th May, 2001. 12 Certified copy of Memorandum and Articles of P-48 Association of Plaintiff No.1 dated 9th March, 2012. 13 Certified copy of Memorandum and Articles of P-49 Association of Plaintiff No.1 dated 3rd August, 2018. 14 Certified copy of Memorandum of Association of P-50 Plaintiff No.2 dated 19th March, 1923.
15 Certified copy of Articles of Association of Plaintiff P-51 No.2 dated 19th March, 1923.
16 Articles of Association of Plaintiff No.3 along with P-52 English translation.
17 Certified registration certificates for Dimple, Haig, P-53 VAT 69 and White Horse. (Colly) 18 Certified copy of Additional Protection under P-54 Section 22(2) of GI Act, 1999 for Scotch Whisky as published in Geographical Indications Journal No.44 dated 11th January, 2012.
19 Certified copies of Registration Certificates in India P-55 of Queens of Scot, Five Scots, Cutty Shark Scots and (Colly) Ye Whiskey of Ye Monks Scots trademarks. 20 Certified copies of 17 applications filed by the P-56 Defendant for registration of various marks in class (Colly) 32 and 33.
21 Certified copies of 36 entries in the trademark P-57 Register relating to trademark applications filed by (Colly) Defendant / Group of Companies of Defendant.
2. By the Order dated 1st September, 2023, this Court had 3/5 ::: Uploaded on - 17/10/2023 ::: Downloaded on - 18/10/2023 03:36:54 ::: 26-comip-296-2021.doc granted liberty to the Plaintiffs' witness to file supplementary Affidavit of Evidence with regard to the remainder two tables, which they were to do so by 5th October, 2023. Further, apart from the documents which have been marked today, there are other documents forming part of the 1st two tables which have been referred to the said order dated 1st September, 2023 for which the Plaintiffs are seeking liberty to file further Affidavit of Evidence.
3. Accordingly, the further Affidavit of Evidence and Supplementary Affidavit of Evidence shall be filed within a period of two weeks from the date of this Order.
4. Today, the Plaintiffs witness Mr. Alan Park is present through video conferencing. His presence on the next date is dispensed with.
5. At this stage, it is brought to the notice of this Court that the bottle of Peter Scot for which by order dated 7th August, 2023 directions had been issued to the Registry to direct the Security officials to allow the said bottle to be brought to this Court for marking of the same has now been received in Court. The said bottle 4/5 ::: Uploaded on - 17/10/2023 ::: Downloaded on - 18/10/2023 03:36:54 ::: 26-comip-296-2021.doc of Peter Scot is being marked as Exhibit P-4. The said bottle shall be placed in the custody of the Prothonotary and Senior Master of this Court forthwith.
6. The Suit shall be placed for further marking of documents on 8th November, 2023 at the bottom of the supplementary board.
[ R.I. CHAGLA J. ] 5/5 ::: Uploaded on - 17/10/2023 ::: Downloaded on - 18/10/2023 03:36:54 :::