Marico Limited v. Dabur India Limited

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 85/2020 & CM APPL. 15303/2020 MARICO LIMITED ..... Petitioner Through:

Mr. Sudhir Chandra Agarwal and Mr.Ravi Gupta, Senior Advocates along with Ms. Anuradha Salhotra, Mr. Sumit Wadhwa, Mr. Achal Shekhar and Mr. Ryan Wilson, Advocates.

versus DABUR INDIA LIMITED ..... Respondent Through:

Mr. C.M. Lall, Senior Advocate with Ms. Mamta Jha, Ms. Nancy Roy, Mr.

Manish Kumar Mishra, & Mr.Nikhil Sonkar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 17.07.2020 1.

ADMIT.

2.

Mr. Manish Kumar Mishra, learned counsel for the respondent accepts notice of admission of the appeal.

3.

We have heard learned senior counsels for the parties. 4.

Without it constituting an expression on the merits of the case of either party, it is agreed that the impugned order be kept in abeyance since

the interim application preferred by the plaintiff/ respondent herein is still pending consideration and has not been disposed of. 5.

The appellant shall file its written statement/ replies within ten days hereof. Mr. C.M. Lall, learned senior counsel for the respondent, states that the respondent shall file the rejoinder/ replication within four days thereafter.

6.

The interim application preferred by the plaintiff under Order XXXIX Rules 1 and 2 CPC shall be listed before the learned Single Judge on 4th August, 2020 - when the learned Single Judge shall endeavour to hear and dispose of the interim application. The learned Single Judge shall not be influenced by the observations made in the impugned order, one way or the other.

7.

The appeal stands disposed of in the aforesaid terms - as consented to by the parties.

8.

The sample bottles of the product in question produced by the parties be returned to learned counsels by the Court Master. VIPIN SANGHI, J RAJNISH BHATNAGAR, J JULY 17, 2020 AK