Godrej Consumer Products Limited v. Anil Bhai And ANR

8.compil.144.2020.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION (L) NO. 54 OF 2020 WITH INTERIM APPLICATION NO. 1 OF 2020 IN COMMERCIAL IP SUIT (L) NO. 144 OF 2020 Godrej Consumer Products Ltd.

...Petitioner

vs Anil Bhai and Anr.

...Respondents.

.....

Mr H.W.Kane and Ms. Vedangi Soman i/b W.S.Kane & Co. for the Petitioner.

Mr Wasim Ansari i/b A.N.Pathan for Respondent No.2. Mr. Malvankar, S.O. Govt. Receiver is present. .....

CORAM : B. P. COLABAWALLA, J.

6th MARCH 2020.

P.C. :

In this matter, earlier ad-interim order was passed on 10th February, 2020. The learned advocate appearing on behalf of the petitioner has tendered an affdavit of service dated 6th March, 2020 evidencing service of the papers and proceedings in the present suit as well as leave petition on the respondents. The same is taken on record. 2.

Today, respondent No.2 is represented by an advocate. However, respondent No.1, though served, is not present before the Court. I have gone through the averments in the Petition seeking leave under Pg 1 of 2

8.compil.144.2020.doc clause XIV of the Letters Patent. After hearing the respective advocates present before me, and after perusing the averments in the petition, Leave Petition is allowed in terms of prayer clause (a) which reads thus :- "(a) that leave be granted to the petitioner under clause XIV of the Letters Patent of this Hon'ble Court to join together the cause of action for passing off with the cause of action of infringement of copyright and trade mark and for a combined trial of the said issues in the above suit against the respondents." 3.

Leave Petition is disposed of accordingly.

4.

At the request of respondent No.2 place the Interim Application for further ad-interim reliefs on 20th March, 2020. Ad-interim relief granted earlier to continue till further orders. 5.

Stand over to 20th March, 2020.

(B. P. COLABAWALLA, J.) Pg 2 of 2