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Bombay High CourtIA/4664/2025disposed off

Borosil Limited v. John Doe Ashok Kumar And ORS

2026-01-19Hon'Ble Shri Justice R. I. Chagla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4664 OF 2025 IN COMMERCIAL IPR SUIT (L) NO. 8806 OF 2025 Borosil Limited ...

Applicant/Plaintiff Vs.

John Doe (Ashok Kumar) & Ors.

...

Defendants Mr. Alhan Kayser a/w. Ms. Gauri Sansare and Ms. Varsha Vasave i/b. Mr. Ayesh Kayser for the Plaintiff. Ms. Neeti Nihal (on VC) i/b. Saikrishna Associates for Defendant No. 2.

Mr. Deepak S. Bhalerao, 2nd Asst.to Court Receiver. CORAM : GAURI GODSE, J.

DATE :

19th JANUARY 2026 ORDER :

1.

Learned counsel for the plaintiff submits that as per earlier order dated 14th July 2025 amendment is already carried out to substitute name of defendant no. 2. She submits that after uploading amended plaint, print out has been tendered in the registry. There is no office remark as to whether amendment carried out by the plaintiff is endorsed as required under Rule 152 of the Bombay High Court (Original Side) Rules.

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2026.01.21 10:29:06 +0530 RAJESHWARI RAMESH PILLAI 1/3

2.

Registry shall therefore verify whether the amendment is carried out as per the Rules and place on record a report whether the amendment is carried out as required under the Rules.

3.

Learned counsel for the plaintiff is permitted to complete required compliance for getting the amendment endorsed. Necessary compliance to be made within two weeks and the amended copy shall be served upon the learned Advocate for defendant no. 2. Time to file compliance affidavit by defendant no. 2 is extended by four weeks. 4.

Learned counsel for the plaintiff has tendered the draft amendment to add defendant nos. 4 to 8 a party defendants. She also seeks leave to carry out consequential amendments in the title and prayer clause. She submits that by the proposed amendment it would be necessary to add the defendant as party in view of the Court Receiver's report dated 31st July 2025.

5.

Leave granted to carry out amendment in terms of draft amendment for adding the proposed parties as defendant nos. 4 to 8 and consequential amendments in the title and prayer clause. Amendment to be carried out within two 2/3

weeks. Similar amendments are permitted to be carried out in the interim application.

6.

Stand over to 9th February 2026. Since the amendment is in view of the Court Receiver's report reverification is dispensed with.

7.

Ad-interim relief already granted to continue till the next date.

[GAURI GODSE, J.] 3/3