Maraekat Infotech Ltd v. Naylesh V Kothari And 6 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL NOTICE OF MOTION NO.36 OF 2015 IN COMMERCIAL IP SUIT NO.103 OF 2015 Maraekat Infotech Limited ....Applicant/Plaintiff Vs.

Naylesh V. Kothari and Ors.

....Defendants ---- Mr. Laukik D. Palekar a/w. Ms. Priya Thakkar i/b. Jehangir Gulabbhai Bilimoria Daruwalla for applicant/plaintiff.

Mr. Ganesh K. Gole for defendant nos.1 to 3.

Mr. Sandeep Marne i/b. Meghna Gowalani for defendant nos.4 and 5. ---- CORAM : K.R.SHRIRAM, J.

DATE : 04.06.2019 P.C.:

Mr. Palekar states that the notice of motion has been adjourned to be tried alongwith the suit pursuant to an order dated 11th August 2016. If the suit itself is going to be tried and disposed, the question of hearing the notice of motion does not arise because what interim relief is being sought in the notice of motion will be decided in the final relief sought in the suit. In my view, there is no reason to keep the notice of motion pending in the Court's records.

Notice of motion accordingly stands disposed. The counsel state that issues have been framed and inspection of plaintiff's documents have been completed but defendants have not given

2/3 statement of admission and denial with reasons for denial. At the same time, plaintiff has also, before exchanging statement of admission and denial of documents, filed evidence affidavit.

By 12.00 noon on 14th June 2019 defendants shall file its affidavit of documents and also give inspection of documents. On or before 15th June 2019 defendants shall give a statement of admission and denial with reasons for denial. If statement of admission and denial is not so given, defendants shall be deemed to have admitted existence of all the documents relied upon by plaintiff. Plaintiff shall give statement of admission and denial with reasons for denial by 18th June 2019. If defendants do not file its affidavit of documents as mentioned earlier, defendants shall not be permitted to rely upon any documents and if inspection is not given by defendants, defendants will not be permitted to rely on rest documents.

Evidence affidavit having been filed, on or before 25th June 2019 plaintiff shall also file its list of witnesses and serve a copy thereof upon defendants. Based on the statement of admission and denial received, should plaintiff wishes to file a further affidavit in lieu of examination in chief to prove the documents denied, they may do so and serve a copy thereof upon defendants on or before 25th June 2019.

3/3 Stand over to 3rd July 2019 for marking of documents/ recording of evidence on which date plaintiff's first witness shall remain present in Court.

(K.R. SHRIRAM, J.)