Godrej Consumer Products Ltd v. Deepak Bhatia And ANR

22-IAL6992-20-IN-COMPIL6988-20-LPETN142-20.DOCX Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 6992 OF 2020 IN COMMERCIAL IP SUIT (L) NO. 6988 OF 2020 WITH LEAVE PETITION NO. 142 OF 2020 Godrej Consumer Products Ltd ...Plaintiff

Versus

Deepak Bhatia, trading as Ram Dev Industries & Anr ...Defendants Mr HW Kane, with Mr Ashutosh Kane, Mr Aasif Navodia and Ms Vedangi Soman, i/b WS Kane & Co, for the Plaintiff. None for the Defendants.

CORAM:

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

11th January 2021 PC:- 1.

Heard through video conferencing.

Shephali Mormare 2.

The 2nd Defendant is served. The 1st Defendant has refused by Shephali Mormare Date: 2021.01.12 10:42:07 +0530 service. There is an Affidavit of service.

3.

On 27th November 2020, this Court granted an ad-interim order in terms of prayer clauses (a), (b) and (d) on the cause of action 11th January 2021

22-IAL6992-20-IN-COMPIL6988-20-LPETN142-20.DOCX in infringement. The service was attempted thereafter, as noted above.

4.

There was then an order of 18th December 2020 appointing a substituted additional Special Receiver to execute the order of 27th November 2020. That commission has been executed. 5.

In view of the service on the 2nd Defendant and since refusal by the 1st Defendant will constitute good service, I will make the pending Leave Petition under Clause XIV of the Letters Patent absolute. Leave granted. The Petition is disposed of in these terms. 6.

In view of this and for the reasons set out in the order dated 27th November 2020, there will now be an additional ad-interim order in terms of prayer clause (c) on the cause of action in passing of. 7.

Affidavits in Reply to be filed and served on or before 29th January 2021. Affidavit in Rejoinder, if any, to be filed and served on or before 10th February 2021.

8.

List the Interim Application for hearing and final disposal on 16th February 2021.

9.

copy of this order.

(G. S. PATEL, J) 11th January 2021