Petrofer Chemie H.R. Fischer Gmbh And Co. Kg., And ANR. v. United Petrofer Limited

914-LPETN-283-21.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 283 OF 2021 IN COMMERCIAL IPR SUIT NO. 275 OF 2021 Petrofer Chemie H.R. Fischer GMBH & Co. KG & Anr.

...Petitioners

Versus

United Petrofer Limited

...Respondent

---------- Mr. Amit Jamsandekar, Mr. Ashutosh Kane, Ms. Amruta Thakur i/by W.S. Kane & co. for the Petitioners.

Mr. Hiren Kamod a/w Mr. Bahraiz Irani, Mr. Anees Patel and Mr. Afrain Dalal for the Respondent.

---------- CORAM :R.I. CHAGLA J DATE :10 November 2023 ORDER :

1.

By this Leave Petition, the Petitioners are seeking leave under Clause XIV of the Letters Patent for joinder of cause of action SHARAYU PANDURANG KHOT of passing off with cause of action of infringement of trade marks. by SHARAYU PANDURANG KHOT Date:

2023.11.24 16:56:15 +0530 2.

The Respondent/Defendant has been served and they 1/2

914-LPETN-283-21.doc have taken out an Application under Order VII Rules 10 and 11 of the Code of Civil Procedure, 1908 for rejection of Plaint wherein issue of jurisdiction for cause of action of infringement has been raised. 3.

Without prejudice to the rights and contentions of the Respondent/Defendant in Interim Application (L) No. 22114 of 2022 filed under Order VII Rules 10 and 11 of the Code of Civil Procedure, 1908, leave under Clause XIV of the Letters Patent is granted, in view of the Defendant's having been served.

4.

Accordingly, Leave Petition No. 283 of 2021 is made absolute in terms of prayer clause (a).

5.

Leave Petition is accordingly, disposed of.

6.

Interim Application (L) No. 22114 of 2022 shall be placed on 5th December 2023 on the supplementary board. [R.I. CHAGLA J.] 2/2