Dr. Ashok M. Bhat Prop. Of Nnova And Company v. R. V. Pharmaceuticals

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION NO. 260 OF 2017 IN COMMERCIAL IP SUIT NO. 386 OF 2017 Dr. Ashok M Bhat Proprietor of Nova & Company ....Applicant In The Matter Between Dr. Ashok M Bhat Proprietor of Nova & Company ....Plaintiff V/s R.V. Pharmaceuticals ....Defendant ---- Mr. Vinod Bhagat a/w Ms. Laher Shah i/b GS Hegde and VA Bhagat for Plaintiff/Applicant.

None for Defendant.

---- CORAM : K.R.SHRIRAM, J.

DATED : 20th JANUARY 2021.

P.C. :

1.

On 5th November, 2019 following order came to be passed ; 1.

The learned Advocates for the Defendant state that they have not received any instructions from the Defendant since the last two years. Mr. E.V.Subbareddy, Proprietor/partner of the Defendant is therefore, directed to remain present before this Court by himself and/or through his Advocate on 14th November, 2019. It is clarified that if Mr.Subbareddy fails to remain present before this Court on the adjourned date, the Court shall be constrained to pass necessary orders to ensure his presence before the Court including issuing a warrant of arrest against him. A copy of this order shall be forthwith served on the Defendant by Speed Post A.D. Stand over to 14th November, 2019. Purti Parab

2/2 28 NMCD 260-2017.doc 2.

It is not clear what happened thereafter. But the matter came to be listed on 13th January, 2021 on which date defendant was again absent. Today nobody is appearing for defendant. Therefore, the order dated 19th January, 2017 read with order dated 9th February, 2017 read with order dated 28th February, 2017 is confirmed as order in the Notice of Motion and Notice of Motion is accordingly disposed. 3.

Defendant had appeared earlier but no Written Statement is filed. Therefore, suit be listed as undefended suit before the appropriate court.

(K.R. SHRIRAM, J.) Purti Parab