Kalpataru Properties Private Limited v. Kalpataru Group And 4 ORS

256-NMS2192-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2192 OF 2015 IN SUIT NO. 1077 OF 2015 Kalpataru Properties Private Limited ...Plaintiffs

Versus

Kalpataru Group & 4 Others ...Defendants Ms. Smriti Yadav, i/b Khaitan & Co., for the Plaintiffs. None for the Defendants.

CORAM: G.S. PATEL, J DATED:

11th August 2016 PC:- 1.

There is an ad-interim order dated 3rd September 2015. Leave under Clause XIV was subsequently granted on 10th September 2015. The ad-interim order was continued till further orders by an order dated 16th October 2015.

2.

Defendants Nos. 3 to 5 are the persons who comprise, constitute or make up Defendant No. 1, the so-called "Kalpataru Group". Defendant No. 2, Kalpataru Impex Private Limited, subsequently stated that it had been wrongly joined to the Suit and had nothing to do with the subject matter of this action. 11th August 2016

256-NMS2192-15.DOC 3.

The Plaintiffs and Defendant No. 2 have separately resolved their disputes on 7th June 2016. Consent Terms were drawn between the Plaintiffs and Defendant No. 2 in Suit No. 197 of 2016. 4.

As regards Defendants Nos. 1 and 3 to 5, there is no Affidavit in Reply. The ad-interim order dated 3rd September 2015 is continued as the final order on this Notice of Motion. In addition, since leave under Clause XIV has been granted, there will also be an order in relation to the relief in passing off in terms of prayer clause (b).

5.

The Notice of Motion is made absolute in these terms with costs. In addition, the Plaintiffs will be entitled to recover the actual costs of this Notice of Motion at the time of final hearing of the Suit.

(G. S. PATEL, J.) 11th August 2016