Prime Housewares Limited v. Cello Plastotech And 7 ORS

908-NMCD85-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION NO. 85 OF 2016 IN COMMERCIAL SUIT NO. 233 OF 2016 Prime Housewares Limited ...Plaintiffs

Versus

Cello Plastotech & 7 Ors.

...Defendants Mr. A. Davar, a/w Ms. Pooja Karadia, i/b Nahush Shah Legal, for the Plaintiffs.

Mr. V. R. Dhond, Senior Advocate, a/w Mr. Hiren Kamod, Mr. Gautam Panchal, i/b Gautam & Co., for the Defendants. CORAM: G.S. PATEL, J DATED:

23rd November 2016 PC:- 1.

Prima facie it appears that evidence will be required on the question at least of the date of prior publication if any, for it is the Defendants' case that the Plaintiffs' design was published in 201112. This is attempted to be shown from pages 387-388 of the Notice of Motion.

2.

At this stage, Mr. Daver seeks to withdraw the Notice of Motion with liberty. The Notice of Motion is dismissed as 23rd November 2016

908-NMCD85-16.DOC withdrawn. All rights and contentions are specifically kept open. Liberty to the Plaintiff to file a Chamber Summons for amendment and also to file fresh Notice of Motion for interim reliefs thereafter, if so advised.

(G. S. PATEL, J.) 23rd November 2016