Theobroma Foods Pvt. Ltd. v. Mr. Karan Narula And ORS.

904-COMIP 342.2016.doc Kavita S. J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IPR SUIT NO. 342 OF 2016 TheobromaFoods Pvt. Ltd.

...Plaintiff

Versus

Karan Narula & Ors., ...Defendants ---------- Ms. Preeti Shah a/w Ms. Mansi Munshi & Mr. Santosh Jadhav, Advocates for the Plaintiff.

---------- CORAM : R.I. CHAGLA, J.

DATE :

20TH DECEMBER, 2023.

ORDER :

1.

The learned Counsel appearing for the Plaintiff has sought leave to withdraw the above Commercial IPR Suit on the ground that the subsequent Suit containing same subject matter was filed before the Delhi High Court which Suit has been disposed of by the order dated 25th September, 2023.

2.

The learned Counsel for the Plaintiff has tendered two KAVITA SUSHIL JADHAV orders of the Delhi High Court dated 29th July, 2022 and 25th by KAVITA SUSHIL JADHAV Date: 2023.12.20 18:34:10 +0530 September, 2023 in Suit bearing CS (COMM) of 429 of 2021 and 1/2

904-COMIP 342.2016.doc Interim Application Nos. 11653 of 2021 & No.15732 of 2021 as well as C.O.(COMM. IPD-TM) No.468 of 2022 which are taken on record and marked 'X Colly.' for identification.

3.

In view thereof, the Commercial Suit No.342 of 2016 is disposed of as withdrawn.

4.

The Notice of Motion No.174 of 2016 filed in the above Suit does not survive and is accordingly disposed of. 5.

Refund of Court Fees in accordance with the Rules. [R.I. CHAGLA, J.] 2/2