Sanjay Soya Pvt Ltd v. Kisanlal Parmanand Pardeshi And ANR

Shephali IN the HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 3581 OF 2020 IN COMMERCIAL IP SUIT (L) NO. 3576 OF 2020 WITH LEAVE PETITION NO. 81 OF 2020 Sanjay Soya Private Limited ...Plaintiff

Versus

Kisanlal P Pardeshi & Anr ...Defendants Mr Minesh Andharia, with Mr Jay Shah, i/b Krishna & Saurastri Associates LLP, for the Plaintiff.

Mrs SV Golatkar, Master (Adm), with Mr Satish Gangurde,Section Officer of the Court Receiver, present.

CORAM:

G.S. PATEL, J (Through Video Conference) DATED:

PC:- 1.

Heard through video conferencing.

Shephali Mormare by Shephali Mormare Date: 2021.01.12 10:42:07 +0530 2.

There was an ex parte ad-inerim order dated 25th September 2020. Since then the Defendant has been served with the Plaint, the Interim Application and the Clause XIV Petition.

3.

The Defendant, Vivek Pardeshi is present. He is the proprietor of the 1st Defendant. He makes a statement that he is willing to submit to a decree. In view of this, the Plaintiff does not press the prayer for damages.

4.

The Petition for leave under Clause XIV is on board. It is made absolute.

5.

The Suit is decreed in terms of the prayer clauses (a), (b), (c) and (e).

6.

The Court Receiver stands discharged without passing accounts, but on payment of his costs, charges and expenses within four weeks by the Plaintiff.

7.

The goods and material seized by the Court Receiver are to be destroyed by the Plaintiff in the presence of a representative of the Defendants.

8.

The Suit and Interim Application are both disposed of in these terms.

9.

Refund of the Court fees in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will

act on production of an authenticated copy of this order without requiring a separate application.

10.

copy of this order.

(G. S. PATEL, J)