Cello Plastic Industrial Works v. Guru Kripa Appliances
1/2 35.NMCD-70-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL NOTICE OF MOTION NO.70 OF 2015 IN COMMERCIAL IP SUIT NO.279 OF 2015 Cello Plastic Industrial Works ....Applicant/Plaintiff Vs.
Guru Kripa Appliances ....Defendant ---- Mr. Hiren Kamod a/w. Mr. Gautam Panchal and Mr. Vivek Singh i/b. Gautam and Company for applicant/plaintiff.
Mr. Sameer Pandit i/b. Wadia Ghandy and Company for defendant. ---- CORAM : K.R.SHRIRAM, J.
DATE : 04.06.2019 P.C.:
On 6th October 2015 an ad-interim order in terms of prayer clause - (a) was passed by this Court. Defendant was directed to file affidavit in reply on or before 23rd November 2015. Till date no reply has been filed.
Therefore, the order dated 6th October 2015 is confirmed as order in the notice of motion and notice of motion accordingly stands disposed.
Pleadings in the suit are completed.
On or before 15th June 2019 parties shall file their respective affidavit of documents and serve a copy thereof upon the other side, failing Gauri Gaekwad
2/2 35.NMCD-70-2015.doc which parties will not be permitted to rely on any document, copy whereof is not annexed to the plaint and/or written statement and mentioned in the list of documents annexed to the plaint and/or written statement. This will not, however, prevent a party from confronting a witness of another party with any document.
By 21st June 2019 inspection to be completed. If inspection is not given, such party will not be permitted to rely on such document. By 28th June 2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side.
Suit be listed for issues on 8th July 2019 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms. (K.R. SHRIRAM, J.) Gauri Gaekwad