Brihan Karan Sugar Syndicate Private Limited v. Konkan Agro Marine Industries Private Limited

Tauseef

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL NOTICE OF MOTION (L) NO.1825 OF 2019 IN COMMERCIAL IP (SUIT) NO.510 OF 2019 Konkan Agro Marine Industries Pvt. Ltd.

...Applicant (Org. Defendant)

IN THE MATTER BETWEEN:

Brihan Karan Sugar Syndicate Pvt. Ltd.

...Plaintiff V/S.

Konkan Agro Marine Industries Pvt. Ltd.

...Defendant Alankar Kirpekar, Shekhar Bhagat i/b. MAG Legal for Applicant / Original Defendant.

Mr. Nikhil Sharma i/b. W.S. Kane & Co. for Defendant / Original Applicant.

CORAM : B. P. COLABAWALLA, J.

23rd SEPTEMBER 2019.

P.C. :

1.

This Notice of Motion has been fled seeking a condonation of delay of 73 days for fling the written statement. Since this is a Commercial IP Suit, the learned Advocate appearing on behalf of the Defendant has stated that there is a delay of 73 days, but which falls within the statutory period of 120 days before which the Defendant is required to fle its written statement. Pg 1 of 3

2.

The learned Advocate appearing on behalf of the Plaintiff has strenuously opposed the aforesaid condonation of delay. He has stated that the affdavittintsupport does not make out any case for condoning the delay. He has further submitted that though the above Notice of Motion was lodged as far back on 29.07.2019, the same was served upon the Advocates for the Plaintiff only on 19.09.2019. He submits that, therefore, there is a delay even in the service of the Notice of Motion.

3.

Having heard the learned Advocate appearing on behalf of the Plaintiff as well as the Defendant, I am satisfed that the ground for condonation of delay is made out. However, the delay shall be condoned subject to payment of costs. 4.

In these circumstances, the Notice of Motion is allowed in terms of prayer clause (a) which read thus: "(a) This Hon'ble Court be pleased to condone the delay of 73 days in fling the Written Statement."

5.

The Registry is directed to take on fle the written statement of the Defendant subject to the Defendant paying costs of Rs. 25,000/t to the Tata Memorial Hospital, Mumbai within a period of two weeks from today and fle on the record of this Court a receipt evidencing payment of the aforesaid costs.

Pg 2 of 3

6.

Needless to clarify that, if the costs are not paid within the aforesaid period, this Notice of Motion shall stand dismissed without further reference to this Court. The Notice of Motion is accordingly disposed off.

7.

All parties including Tata Memorial Hospital, Mumbai are directed to act on an authenticated copy of this order. (B.P. COLABAWALLA, J.) Pg 3 of 3