Siddhi Vinayak Knots And Prints Private Limited v. E-Bay India Pvt Ltd And 2 Other
914-NMS196-16.DOC ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 196 OF 2016 IN SUIT NO. 164 OF 2016 Siddhi Vinayak Knots & Prints Private Limited ...Plaintiff
Versus
E-Bay India Private Limited & 2 Others ...Defendants Mr. Bhushan Mahadik, for the Plaintiff.
Ms. Padmaja Dholakia, i/b Dholakia Law Associates, for the Defendants.
CORAM: G.S. PATEL, J DATED:
28th June 2016 PC:- 1.
Heard.
2.
This is a Notice of Motion by Defendants Nos. 1 and 2, E-Bay India Private Limited and its Managing Director, seeking to be deleted as party-Defendants to the Suit. Ms. Dholakia for these Defendants states that there is no cause of action disclosed against them. Prima facie, she is correct. The infringement is by the 3rd Defendant.
28th June 2016
914-NMS196-16.DOC 3.
On behalf of the Plaintiff, it is stated that the Plaintiff does not know the contact details of the infringers or offenders and the 3rd Defendant. This information is available with the 1st Defendant, through whom the Defendant No. 3 has been selling infringing products.
4.
On behalf of the Defendants, Ms. Dholakia agrees that the 1st and 2nd Defendants, on request from the Plaintiff's Advocates, will disclose to them such contact information as is available with the 1st Defendant in its records. That statement is accepted. 5.
In view thereof, the Notice of Motion is made absolute in these terms. Defendants Nos. 1 and 2 are directed to be deleted as party-Defendants to the Suit. The 1st and 2nd Defendants will supply the necessary information on or before 8th July 2016. 6.
Amendments deleting the names of the 1st and 2nd Defendants and incorporating the correct address of the 3rd Defendant to be carried out, without need of re-verification, on or before 15th July 2016. A copy of the amended plaint be served on the Advocate for the sole remaining Defendant within two weeks thereafter.
(G. S. PATEL, J.) 28th June 2016