Icpa Health Products Private Limited v. P Banerjee Mihijam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 6054 OF 2025 IN COMMERCIAL IP SUIT NO.7 OF 1994 ICPA Health Products Private Limited ...Applicant In the matter between:

P Banerjee Mihijam ...Plaintiff

Versus

ICPA Health Products Private Limited ...Defendant _______ Mr. Sandeep Parikh a/w Ms. Neha Mehta, Mr. Umair Merchant, Kanak Purohit i/b Ms. Neha Mehta & Co., for the Plaintiff.

Mr. Shanay Shah a/w Mr. Darshan R. Mehta, Ms. Megha Sanghavi i/b Dhruve Liladhar & Co., for the Defendant.

_______

CORAM

:

ARIF S. DOCTOR, J.

th DECEMBER 2025 DATE :

P.C.

1.

The additional affidavit of evidence in lieu of examination-in-chief is tendered on behalf of Defendant's Witness No.1. Oath is administered D -71: Rohit Mehta Age: 78 years Address: Adarsh Industrial Estate, Chakala, Andheri (East), Mumbai 400 099 Examination -in-chief of D-71 on S.A.

I have filed additional affidavit of evidence in lieu of examination-in-chief th November 2025. I have signed at the foot of the said affidavit and I dated 20

2/7 identify my signature. I affirm that whatever stated in the said affidavit is true to my knowledge and correct. It was prepared under my instructions. 2.

The additional affidavit of evidence is taken on record and marked as "Exhibit D-71".

3.

Mr. Parikh, learned counsel for the Plaintiff fairly stated that the original documents have been produced. The documents could be marked "Subject to proof of correctness of content". Hence, the documents are marked as follows: Documents Exhibits The documents at Sr. No.1 "Exhibit D-72 subject to proof of The documents at Sr. No.2 "Exhibit D-73 subject to proof of The documents at Sr. No.3 "Exhibit D-74 subject to proof of The documents at Sr. No.4 "Exhibit D-75 subject to proof of The documents at Sr. No.5 "Exhibit D-76 subject to proof of The documents at Sr. No.6 "Exhibit D-77 subject to proof of The documents at Sr. No.7 "Exhibit D-78 subject to proof of The documents at Sr. No.8 "Exhibit D-79 subject to proof of The documents at Sr. No.9 "Exhibit D-80 subject to proof of The documents at Sr. No.10 "Exhibit D-81 subject to proof of

3/7 The documents at Sr. No.11 "Exhibit D-82 subject to proof of The documents at Sr. No.12 "Exhibit D-83 subject to proof of The documents at Sr. No.13 "Exhibit D-84 subject to proof of The documents at Sr. No.14 "Exhibit D-85 subject to proof of The documents at Sr. No.15 "Exhibit D-86 subject to proof of The documents at Sr. No.16 "Exhibit D-87 subject to proof of The documents at Sr. No.17 "Exhibit D-88 subject to proof of The documents at Sr. No.18 "Exhibit D-89 subject to proof of The documents at Sr. No.19 "Exhibit D-90 subject to proof of The documents at Sr. No.20 "Exhibit D-91 subject to proof of The documents at Sr. No.21 "Exhibit D-92 subject to proof of The documents at Sr. No.22 "Exhibit D-93 subject to proof of The documents at Sr. No.23 "Exhibit D-94 subject to proof of The documents at Sr. No.24 "Exhibit D-95 subject to proof of The documents at Sr. No.25 "Exhibit D-96 subject to proof of

4/7 The documents at Sr. No.26 "Exhibit D-97 subject to proof of The documents at Sr. No.27 "Exhibit D-98 subject to proof of The documents at Sr. No.28 "Exhibit D-99 subject to proof of The documents at Sr. No.29 "Exhibit D-100 subject to proof of The documents at Sr. No.30 "Exhibit D-101 subject to proof of The documents at Sr. No.31 "Exhibit D-102 subject to proof of The documents at Sr. No.32 "Exhibit D-103 subject to proof of The documents at Sr. No.33 "Exhibit D-104 subject to proof of The documents at Sr. No.34 "Exhibit D-105 subject to proof of The documents at Sr. No.35 "Exhibit D-106 subject to proof of The documents at Sr. No.36 "Exhibit D-107 subject to proof of The documents at Sr. No.37 "Exhibit D-108 subject to proof of The documents at Sr. No.38 "Exhibit D-109 subject to proof of The documents at Sr. No.39 "Exhibit D-110 subject to proof of The documents at Sr. No.40 "Exhibit D-111 subject to proof of

5/7 The documents at Sr. No.41 "Exhibit D-112 subject to proof of The documents at Sr. No.42 "Exhibit D-113 subject to proof of The documents at Sr. No.43 "Exhibit D-114 subject to proof of The documents at Sr. No.44 "Exhibit D-115 subject to proof of The documents at Sr. No.45 "Exhibit D-116 subject to proof of The documents at Sr. No.46 "Exhibit D-117 subject to proof of The documents at Sr. No.47 "Exhibit D-118 subject to proof of The documents at Sr. No.48 "Exhibit D-119 subject to proof of The documents at Sr. No.49 "Exhibit D-120 subject to proof of The documents at Sr. No.50 "Exhibit D-121 subject to proof of The documents at Sr. No.51 "Exhibit D-122 subject to proof of The documents at Sr. No.52 "Exhibit D-123 subject to proof of The documents at Sr. No.53 "Exhibit D-124 subject to proof of The documents at Sr. No.54 "Exhibit D-125 subject to proof of The documents at Sr. No.55 "Exhibit D-126 subject to proof of

6/7 The documents at Sr. No.56 "Exhibit D-127 subject to proof of The documents at Sr. No.57 "Exhibit D-128 subject to proof of The documents at Sr. No.58 "Exhibit D-129 subject to proof of 4.

Mr. Bhanu Chopra is appointed as Court Commissioner to record evidence of D-71 in the matter. The contact details of the Court Commissioner are as follows:

Name: Mr. Bhanu Chopra Mob. No.: 9899394555 Address: C/o Chambers of Advocate Mr. Gaurav Mehta, Hamam House, First Floor, Off. Nagindas Master Road, Fort, Mumbai-400023 th January 2026 under the caption "For Direction". 5.

Stand over to 12 6.

Let the copies of the original documents be handed over after marking since they will be required during the course of examination. th November 7.

At this stage, Mr. Parikh pointed out that the order dated 18 2025 would have to be corrected since there was certain typographical error. He requested the same be taken up for Speaking to the Minutes. There was no opposition to this request.

8.

In cause titile, the Applicant "P Banerjee Mihijam" be deleted and be replaced with "ICPA Health Products Pvt. Ltd." 9.

In Paragraph No.2, inadvertently, has recorded that "He however submitted that the original of those documents have not been found and

7/7 the ....Defendants First Witness i.e., Mr. Rohit Mehta." be replaced with "He however submitted that the original of those documents have now been found and the ....Defendants First Witness i.e., Mr. Rohit Mehta." 10.

In paragraph No.5, in line No.4, the sentence "No reply has been filed by the Plaintiff to oppose, and" be deleted.

11.

Original order to be corrected accordingly.

[ARIF S. DOCTOR, J.]