Bombay High Court
Nitin Sukanraj Jain vs Neoliva Life Sciencce Pvt. Ltd on 23 August, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
928-IAL-24077-22.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 24077 OF 2022
IN
COMMERCIAL IPR SUIT (L) NO. 5574 OF 2021
Nitin Sukanraj Jain ...Applicant/
Plaintiff
Versus
Neoliva Life Science Private Limited ...Defendant
----------
Ms. Hetal Patel, Mr. Suraj Shetye with Mr. Vijay Tawade for the
Plaintiff.
Mr. Sumedh Ruikar a/w Mr. Rahul Gurjar, Ms. Anuya Pathare i/by
R.K. Dewan Legal Service for the Defendant.
----------
CORAM : R.I. CHAGLA J
DATE : 23 August 2022
ORDER :
1. The present Interim Application is filed for restoration of SHARAYU the captioned Commercial IPR Suit (L) No. 5574 of 2021 and Interim PANDURANG KHOT Application (L) No. 6658 of 2021 to the file of this Court by recall of Digitally signed by SHARAYU PANDURANG KHOT Date: 2022.08.25 11:11:30 +0530 order passed by the Registry to dispose of the Interim Application and the captioned Suit. Further relief is sought for extension of time for 1/4 928-IAL-24077-22.doc removing office objections, if any.
2. The Applicant has stated that the captioned Suit was filed on 25th February 2021 and Interim Application was moved for interim relief therein. Circulation was granted on 23rd March 2021 and thereafter, the matter has been listed. It is stated that due to Covid 19 pandemic situation, matter had been taken up for virtual hearing and there was objections raised in the Interim Application and which were thereafter, removed.
3. However, the advocates for the Applicant had not been notified as to any further objections raised by the board department on the Interim Application and captioned Suit. However, they remained to be numbered.
4. The Applicant has further stated that on 26th February 2022, when the Applicant opened the High Court Original Side website to see the status of the matter the Applicant came to know that the matter stands disposed of. On enquiry with the Registry the Applicant's advocate came to know that the same is disposed of due to non removal of office objections. The Applicant has stated that 2/4 928-IAL-24077-22.doc there was no notification of any office objections.
5. In view thereof, the Applicant through his Advocate could not take any steps to remove the office objections. Accordingly, present Application has been filed. There is no objection raised by the Defendant other than stating that the rights and contentions of Defendant be expressly kept open.
6. In view thereof, relief sought for in the Interim Application is required to be granted. Hence the following order is passed. :-
(i) The captioned Commercial IPR Suit (L) No. 5574 of 2021 and Interim Application (L) No. 6658 of 2021 is restored to file by recall of the order of rejection dated 13th June 2022 on the ground of non removal of office objections.
(ii) The Applicant/Plaintiff is granted a period of two weeks from the date of this order to remove any office objections raised by the Registry.
3/4
928-IAL-24077-22.doc
(iii) It is made clear that in the event, the Applicant/Plaintiff has not removed the office objections within the stipulated time, the captioned Commercial IPR Suit (L) No. 5574 of 2021 and Interim Application (L) No. 6658 of 2021 shall stand rejected without further reference to the Court.
(iv) Interim Application is disposed of in the above terms.
[R.I. CHAGLA J.] 4/4