Innovations Garment Pvt Ltd v. Kashyap Rathod Proprietor Of Aastha School Uniform

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1681 OF 2025 IN COMMERCIAL IP SUIT NO. 80 OF 2025 Innovations Garment Pvt. Ltd.

...Applicant/Plaintiff

Versus

Bhavesh Ramjibhai Gada ...Defendant WITH INTERIM APPLICATION NO. 1322 OF 2024 IN COMMERCIAL IP SUIT NO. 101 OF 2024 Innovations Garment Pvt Ltd ...Applicant/Plaintiff

Versus

Kashyap Rathod Proprietor Of Aastha School Uniform ...Defendant WITH INTERIM APPLICATION NO. 1802 OF 2025 IN COMMERCIAL IP SUIT NO. 294 OF 2024 Innovations Garment Pvt. Ltd.

...Applicant/Plaintiff

Versus

Ramji L. Gada ...Defendant _______ Mr. Hiren Kamod a/w Mr. Prem Khullar, Aditya Chitale, Prashant Shetty, Sumedh Ruikar & Saikiran Mergu i/b RKDewan Legal Services for Plaintiff. Ms. J. Vashi i/b M. P. Vashi & Associates for Defendant. Mr. Pawan Hargule, Clerk Court Receiver, High Court, Bombay, present. _______

CORAM

:

ARIF S. DOCTOR, J.

2/3 th NOVEMBER 2025 DATE :

P.C.

1.

The matter was on board for speaking to the minutes. th 2.

Since, it was pointed that though this Court had by the order dated 6 November 2025, disposed of three Interim Applications filed by the Plaintiff under Order 39 Rule I & II of the Code of Civil Procedure, the same though mentioned in the cause title do not find mention in the operative part of the order.

3.

Additionally, Mr. Kamod, has pointed out that even Interim Application No.2312 of 2025 in Suit No.80 of 2025 which has been filed by the Defendant under Order 39 Rule IV of the CPC, though disposed of by the said order, does not find mention in the cause title.

4.

Hence Correct the order as follows:

(i) In the Cause Title add "Interim Application No.2312 of 2025 in Commercial IP Suit No. 80 of 2025".

(ii) The Operative Order be deleted and replaced with the following:

ORDER

"i. Interim Application No.2312 of 2025 filed by the Defendant in Commercial IP Suit No.80 of 2025, under Order XXXIX Rule 4 of the Civil Procedure Code, 1908 is rejected. ii. The Interim Application No.1681 of 2025 in Commercial IP Suit No. 80 of 2025, Interim Application No.1802 of 2025 in

3/3 Commercial IP Suit No. 294 of 2024, Interim Application No. 1322 of 2024 in Commercial IP Suit No. 101 of 2024 are allowed in terms of prayer clauses (a), (b) and (c)". 5.

In addition to this, add/correct the citations. 6.

Hence original order to be corrected accordingly. Rest of the order remains unaltered.

(ARIF S. DOCTOR, J.)