Laboratoires Griffon Private Limited And ANR. v. Adwin Pharma And ORS.

bipin prithiani 7-ial-27480.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 27480 OF 2024 AND LEAVE PETITION NO. 15 OF 2024 IN COMMERCIAL IP SUIT NO. 225 OF 2024 Laboratories Griffon Private Limited and Anr.

...

Applicants/ Plaintiffs

Versus

Adwin Pharma & Ors.

...

Defendants ****** Mr. Amit Jamsandekar a/w Mr. Kiran Mehta and Ms. Archita Gharat i/by Mr. Kiran J. Mehta for the Applicants/Plaintiffs. Ms.Athira Nair (through V.C.) i/by Pooja Jain for Defendant No.1. Mr. Rajeev K. Gupta a/w Nisha Kaba (through V.C.) for Defendant No.2.

Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. ****** CORAM: MANISH PITALE, J.

DATE : 20th JANUARY 2025 P.C. :

.

When this application is called out for hearing, the learned counsel appearing for defendant No.1 prays for time to file reply affidavit.

2.

Although, the learned counsel for defendant No.2 states that reply affidavit is filed, it is not found on record, while a rejoinder BIPIN DHARMENDER PRITHIANI Date: 2025.01.21 11:51:03 +0530 affidavit of the plaintiffs is already on record. BIPIN DHARMENDER PRITHIANI

bipin prithiani 7-ial-27480.24.doc 3.

The learned counsel for defendant No.2 further informs that Interim Application (Lodging) No. 1806 of 2025 has been filed on behalf of defendant No.2 under Order XXXIX Rule 4 of the Civil Procedure Code, 1908, alleging that the plaintiffs have misled this Court while obtaining ex-parte ad-interim reliefs. 4.

In view of the above, the defendant No.2 to ensure that its reply affidavit is on record within one week from today. 5.

The defendant No.1 is granted time of two weeks to file reply affidavit. Rejoinder affidavit, if any, shall be filed within one week thereafter.

6.

The plaintiff is granted time of two weeks to file reply affidavit in Interim Application (Lodging) No. 1806 of 2025. 7.

List all the pending applications on 13th February 2025 (High on Board).

MANISH PITALE, J.