The Scotch Whisky Association And 2 ORS. v. Khoday India Ltd.

10_NMS_1481_17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1481 OF 2017 WITH NOTICE OF MOTION NO. 2018 OF 2017 IN COMMERCIAL IP SUIT NO. 296 OF 2021 The Scotch Whisky Association and others ...

Plaintiffs vs.

Khoday India Limited ...

Defendant Dr. Virendra Tulzapurkar, Senior Advocate, a/w. Mr. Amit Jamsandekar, Ms.Kirti Munshi and Mr. Aditya Singh, i/by. Little and Company for plaintiffs. Mr. Gaurav Joshi, Senior Counsel, a/w. Ms. Falguni Thakkar, i/by. DSK Legal for defendant.

CORAM : MANISH PITALE, J DATE : 16th JANUARY, 2023 P.C. :

Notice of Motion No. 2018 of 2017:

.

By this application, the plaintiffs desire to place on record, additional affidavit and documents.

2.

Heard learned counsel for the parties.

3.

In the interest of justice, the application is allowed, in terms of the prayer made therein.

4.

The additional affidavit and documents are directed to be taken on record.

1/2

10_NMS_1481_17.doc 5.

Learned counsel for the plaintiffs submits that the first two witnesses of the plaintiffs are not available and that the plaintiffs intend to place on record the affidavit of witness James Alan Pearson Park, alongwith the documents.

6.

The same is permitted to be placed on record, without prejudice to the rights and contentions of the defendant, within six weeks from today. 7.

Defendant is also permitted to place on record, the affidavit and documents within six weeks from today.

8.

The application is disposed of.

Notice of Motion No. 1481 of 2017:

.

This application was moved, seeking permission to examine the witness through video conferencing. This pertained to the earlier witness, who is now not available. In that light, learned counsel for the plaintiffs seeks permission to withdraw the present application, with liberty to file fresh motion, in the context of the affidavit in evidence of the witness James Alan Pearson Park, if required.

2.

The application is disposed of as withdrawn, with liberty as aforesaid. 3.

List for further consideration on 9th March, 2023. (MANISH PITALE, J) Priya Kambli 2/2