Khursheed Anwar Mohammad Ali And ANR v. Arya Herbals

sat 1/1 chsl 72-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO. 72 OF 2016 IN SUIT (L) NO. 1320 OF 2015 Khursheed Anwar Mohammad Ali & Anr.

...Plaintiffs / Applicants vs.

Arya Herbals ...Defendant and Liricon Trading

...Respondent

Mr.Alankar Kirpekar with Shekhar Bhagat and Akash Joshi i/b. MAG Legal for Plaintiff.

Mr.Mehul Shah i/b. Yatin Kochare for Defendant. CORAM : S.C. GUPTE, J.

18 JANUARY 2016 P.C. :

The chamber summons seeks to join the Respondent as a party Defendant. This suit concerns infringement of a trade mark as well as copyright and also passing off of goods. The Defendant to the suit is a manufacturer of the goods in respect of which infringement and passing off are claimed. The Respondent is a marketer of the goods, who is now sought to be joined as a party Defendant.

Learned Counsel for the Defendant, who also proposes to appear for the Respondent, has no objection to the chamber summons being allowed. The chamber summons is, accordingly, made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out in the course of the day or the following day. The notice of motion has been already posted for vacating ad-interim reliefs tomorrow. That application will be heard along with the Plaintiffs' application for extension of ad-interim reliefs against both the present Defendant as well as the proposed Defendant, who is impleaded today in pursuance of this order.

(S.C. Gupte, J.)