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Madras High CourtA/2560/2017allowed

M/S. Itc Limited v. Nestle India Limited

2017-07-24Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 26TH DAY OF JULY 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN A.NO. 2560 & 2561 OF 2017 C.S. No.231 of 2013 C.S.NO.231 OF 2013:

M/s.ITC Limited, ITC Centre, 4th Floor, No.760, Anna Salai, Chennai - 600002 rep.by its Constituted Attorney, Mr.S.Satyanathan ..Plaintiff Vs Nestle India Limited, No.769, Spencer Plaza, Phase - I, 6th Floor, Anna Salai, Mount Road, Chennai -600002 ..Defendant A.NOS.2560 & 2561 OF 2017:

Nestle India Limited, No.769, Spencer Plaza, Phase - I, 5th Floor, Anna Salai, Mount Road, Chennai -600002.

...Applicant/Defendant (Both Application)

Versus

M/s.ITC Limited, ITC Centre, 4th Floor, No.760, Anna Salai, Chennai - 600002 Rep.by its Constituted Attorney, Mr.S.Satyanathan

...Respondent/Plaintiff

(Both Application)

A.NO.2560 OF 2017:

Application praying that this Hon'ble Court be pleased to take the separately docketed 34 documents mentioned in the Affidavit of Documents filed by the Defendant dated June, 2016 on record in C.S.No.231 of 2013.

A.NO.2561 OF 2017:

Application praying that this Hon'ble Court be pleased to allow the plaintiff to receive the two additional documents mentioned below:- (a) List showing various MAGGI products used internationally using the word Magic.

(b) The depiction of products showing use of the words MAGIC masala in trade -Along with the 65B certificate.

This Application coming on this day before this court for hearing the court made the following order: It is represented that the trial is in progress. This Court has fixed the date as 30.06.2017 as the date on which the trial should be completed. Plaintiff have completed their evidence. Defendant have commenced, but they have to file additional documents. Consequently their evidence could not be completed within the time frame fixed by this Court. Now the matter has been posted under the caption "For being mentioned". The learned senior counsel for the plaintiff and the learned counsel for the defendant are present. Both stated that additional time may be granted for recording of evidence.

2. By consent time is granted till 30.09.2017 to complete the recording of evidence. After completion of the same, post the suit before this Court for arguments. Sd/-C.V.K.J 26.07.2017 //Certified to be a true copy// Dated this the th day of 2017. EM/27.07.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.