Sapat International Private Limited v. Victoria International Private Limited

1/2 36.NMCD-71-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL NOTICE OF MOTION NO.71 OF 2015 IN COMMERCIAL IP SUIT NO.281 OF 2015 Sapat International Private Limited ....Applicant/Plaintiff Vs.

Victoria International Pvt. Limited ....Defendant ---- Mr. H.W. Kane a/w. Mr. Aasif Navodia i/b. W.S. Kane and Company for applicant/plaintiff.

Mr. Alankar Kirpekar i/b. MAG Legal for defendant. ---- CORAM : K.R.SHRIRAM, J.

DATE : 04.06.2019 P.C.:

At the outset, Mr. Kirpekar states that his instructions are not to appear for defendant any further. Mr. Kirpekar states that though he received instructions not to appear in the matter long back, no other advocate has approached him for his no objection. Mr. Kane, counsel for plaintiff states that on 24th August 2015 an ad-interim order came to be passed in terms of prayer clause - (a). Thereafter, defendant filed its reply and rejoinder also came to be filed and defendant moved this Court for vacating the ad-interim order passed on 24th August 2015. Mr. Kane submits that after the Court considered all these affidavits, by an order dated 15th September 2015 declined to vacate the ad-interim order.

Gauri Gaekwad

2/2 36.NMCD-71-2015.doc These orders have been in force for almost four years. The application for vacating the ad-interim relief granted has been rejected. Therefore, in my view and as submitted by Mr. Kane, the order dated 24th August 2015 read with order dated 15th September 2015 is confirmed as order in the notice of motion and notice of motion accordingly stands disposed.

Suit has already been transferred to the list of undefended suits. Registry may, therefore, place the suit before the Court that has the assignment for hearing the undefended suits in IPR matters. MAG Legal in view of the email dated 2nd March 2016, print out of which is taken on record and marked "X" for identification, stands discharged.

Plaintiff is at liberty to take out further application for passing off upon hearing and final disposal of the Clause 14 petition no.194 of 2015. The said Clause 14 petition to be listed for hearing on 19th June 2019. (K.R. SHRIRAM, J.) Gauri Gaekwad