Rushang Shah v. Bombay Chemicals Pvt Ltd

5-COMAP.15.2024+1.doc Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO. 15 OF 2024 WITH INTERIM APPLICATION NO. 2818 OF 2023 JAYANT VISHWANATH SALUNKE JAYANT VISHWANATH SALUNKE Date: 2025.06.13 18:28:55 +0530 Rushang Shah } Appellant versus Bombay Chemicals Pvt. Ltd.

} Respondent WITH APPEAL NO. 38 OF 2024 WITH INTERIM APPLICATION (L) NO. 18259 OF 2023 Rushang Shah } Appellant versus Bombay Chemicals Pvt. Ltd.

} Respondent Mr. Amey Nargolkar with Mr. Adheesh Nargolkar, Mr.

Nishad Nadkarni, Mr.Janaksinh Jhala, Mr. Aasif Navodia, Ms. Khushboo Jhunjhunwala, Ms. Jaanvi Chopra and Ms. Rakshita Singh i/b.

Khaitan &Co. for appellant.

Ms. Sapana Rachure for respondent.

CORAM:

ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

DATE:

JUNE 13, 2025 ORDER: (Per Chief Justice) 1.

These appeals under section 13(1-A) of the Commercial Courts Act, 2015 emanates from the order dated 25th April 2023 passed by learned Single Judge in Interim Application (L) No.844 of 2021 in Commercial IP Suit No. 254 of 2022 and

5-COMAP.15.2024+1.doc Interim Application No. 2352 of 2022 with Interim Application No. 2351 of 2022 in Commercial Miscellaneous Petition No. 492 of 2022.

2.

After arguing the matter to some extent, learned counsel for the appellant submits that the appellant had adduced material before the learned Single Judge in support of his claim for invention of paper coil. However, impugned order has been passed in ignorance of the material which was adduced by the appellant in support of its claim. Learned counsel for the appellant seeks leave of this Court to withdraw these appeals with liberty to file review of the order dated 25th April 2023. 3.

In view of the aforesaid submission, the appeals are dismissed in terms of the liberty as prayed for. Interim applications stand disposed of accordingly.

4.

Needless to state that in case the appellant submits an application seeking review of the aforesaid order, he shall be entitled to the benefit of section 14 of the Limitation Act, 1963. (SANDEEP V. MARNE, J.) (CHIEF JUSTICE)