Bombay High Court
Parle Products Private Limited vs Parle Agro Pvt Ltd on 6 April, 2021
Author: K.R.Shriram
Bench: K.R.Shriram
1/2 31.COMIP-10-2007.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.10 OF 2007
WITH
INTERIM APPLICATION (L) NO.2801 OF 2021
IN
COMMERCIAL IP SUIT NO.10 OF 2007
Parle Products Private Limited ....Plaintiff
V/s.
Parle Agro Private Limited ....Defendant
WITH
COMMERCIAL IP SUIT NO.27 OF 2009
IN
INTERIM APPLICATION (L) NO.2797 OF 2021
IN
COMMERCIAL IP SUIT NO.27 OF 2009
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Mr. Avinash Belge a/w. Mr. Nishini Shrikhande and Mr. Aditya Chitale i/b. R
K Dewan Legal Services LLP for plaintiff.
Mr. Hiren Kamod a/w. Mr. Nishad Nadkarni and Ms. Khushboo
Jhunjhunwala i/b. Khaitan and Co. for defendant.
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CORAM : K.R.SHRIRAM, J.
DATED : 6th APRIL 2021 P.C. :
1 Cross examination of PW-2 is still in process. Mr. Kamod states that it will be concluded by 30th April 2021.
2 The Commissioner to endeavor to complete recording of evidence of PW-2 by 30th April 2021. The Commissioner to fix minimum two/three dates per session for cross examination of PW-2. If the parties do not respond promptly within 48 hours of receiving a communication from the Commissioner suggesting the subsequent dates, the Commissioner to go ahead and fix the dates convenient to the Commissioner and the parties Gauri Gaekwad ::: Uploaded on - 06/04/2021 ::: Downloaded on - 05/09/2021 12:14:33 ::: 2/2 31.COMIP-10-2007.doc shall make themselves available at the time and dates fixed by the Commissioner. If plaintiff or the witness does not remain present, the Commissioner should close the evidence of PW-2 as not made available for cross and if defendant does not remain present to cross examine the witness, defendant's cross examination should be treated closed as no cross.
Once the dates are fixed, the Commissioner not to grant adjournment on any ground whatsoever.
3 Mr. Belge states that the evidence affidavit of plaintiff's 3 rd and last witness shall be affirmed and copy served by 4th May 2021. 4 Stand over to 6th May 2021 for marking of documents/ recording of evidence on which date plaintiff's 3 rd witness shall remain present in Court.
(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 06/04/2021 ::: Downloaded on - 05/09/2021 12:14:33 :::