Ltk Industries Pvt Ltd v. Smt Neelam Agrawal Wife Of Mr Sanja Kumar Agrawal Trading As M/S Kansal Hosiery

1/2 501-IA-6277-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 6277 OF 2025 IN COMMERCIAL IP SUIT (L) NO.31109 OF 2023 Ltk Industries Pvt Ltd.

...Applicant In the matter between:

Ltk Industries Pvt Ltd.

...Plaintiff

Versus

Neelam Agrawal & Ors.

...Defendants _______ Mr. Darius Dalal a/w Ms. Monal Trivedi, Mr. Vaibhav Khanna i/b Jehangir Gulabbhai & Bilimoria & Daruwalla, for the Applicant/Plaintiff. Mr. Hemant Thadhani a/w Ms. Nidhi Mishra i/b Crawford Bayley & Co., for Defendant No.1 and 2.

_______

CORAM

:

ARIF S. DOCTOR, J.

th NOVEMBER 2025 DATE :

P.C.

1.

Not on board. Taken on board.

2.

The present Interim Application seeks restoration of the captioned Commercial IP Suit (L) No.31109 of 2023 as also the Interim Application (L) No. 31125 of 2023.

3.

Heard Mr. Dalal, learned counsel for the Applicant. 4.

At the outset, Mr. Thadhani, learned counsel for Defendant Nos.1 and 2 has fairly submitted that he does not wish to file any affidavit-in-reply to oppose the Interim Application and states that, in the event the Court is satisfied that sufficient cause is shown, the Interim Application may be allowed. Vaibhav

2/2 501-IA-6277-2025.DOC 5.

Mr. Dalal has pointed out that the suit came to be dismissed by virtue of a th February 2025 for failure to remove office objections common order dated 4 within the time prescribed therein. It is the contention of the learned counsel that the suit was wrongly clubbed, since the Applicant had already complied th June 2024. For this purpose, with the requisitions and office objections on 10 he has placed reliance on a printout from the website, which supports such contention. In my view, the Applicant has shwon sufficient cause; clearly the matter was wrongly clubbed.

6.

The Interim Application is therefore allowed in terms of prayer clauses (a), (b) and (c).

7.

Insofar as prayer clause (b) is concerned, it is made clear that the registration of the Interim Application shall be effected only upon removal of office objections.

8.

Interim Application is accordingly disposed of. [ARIF S. DOCTOR, J.] Vaibhav