Tv9 Media Maharashtra Pvt. Ltd. And ANR v. Shemaroo Entertainment Ltd.
by LAXMIKANT GOPAL CHANDAN Date:
2023.07.11 15:30:19 +0530 LAXMIKANT GOPAL CHANDAN
(23) COMAP-154.22-AW-IA-1024.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO.154 OF 2022 IN NOTICE OF MOTION NO.466 OF 2017 IN COMIP NO.595 OF 2017 WITH INTERIM APPLICATION NO.1024 OF 2023 IN COMMERCIAL APPEAL NO.154 OF 2022 IN NOTICE OF MOTION NO.466 OF 2017 IN COMIP NO.595 OF 2017 TV9 Media Maharashtra Pvt. Ltd. and anr.
: Appellants/Applicants.
Versus
Shemaroo Entertainment Pvt. Ltd. & Anr.
: Respondent.
Mr. T. R. Yadav for the Appellants.
Mr.Rashmin Khandekar a/w Ms.Poonam Teddu, Mr. Kaivalya Shetye i/by Mr. Mahesh Mahadgut for the Respondent.
CORAM : NITIN JAMDAR, ACTING CJ. & ARIF S. DOCTOR, J.
DATED : 10th JULY 2023.
P.C. :
The Appeal challenges the order passed by the learned Single Judge dated 10 February 2021 in Commercial Notice of Motion No.466 of 2017 in Commercial IP Suit No.595 of 2017.
lgc
(23) COMAP-154.22-AW-IA-1024.23.doc 2.
The Impugned Order passed is a procedural whereby certain timetable is laid down for completion of inspection and the Suit was listed for framing of Issues.
3.
The learned counsel for the Respondent raised preliminary objection regarding maintainability of the Appeal. 4.
Clearly the Impugned Order is not appealable under Section 13 of the Commercial Courts Act. The Appeal is accordingly dismissed as not maintainable.
5.
The learned counsel for the Appellants states that he will approach the learned Single Judge for extension of time-line etc. It is always open to the Appellants to apply to the learned Single Judge and it is for the learned Single Judge to consider the course of action. Since the Appeal is not maintainable, we do not say anything more than this.
6.
In view of disposal of the Appeal, Interim Application No.1024 of 2023 does not survive and the same is accordingly disposed of. (ARIF S. DOCTOR, J.) (ACTING CHIEF JUSTICE) lgc