Oriental Aromatics Limited v. Dinesh Kumar And Bros

1/2 22-COMIP-91-2013 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO. 91 OF 2013 Camphor And Allied Products Ltd.

...Plaintiff

Versus

Dinesh Kumar And Bros. And Anr ...Defendants WITH INTERIM APPLICATION NO. 6945 OF 2025 IN COMMERCIAL IP SUIT NO. 91 OF 2013 Oriental Aromatics Limited ...Applicant In the matter between :

Camphor And Allied Products Ltd.

...Plaintiff

Versus

Dinesh Kumar And Bros. And Anr ...Defendants WITH LEAVE PETITION NO. 31 OF 2013 IN COMMERCIAL IP SUIT NO. 91 OF 2013 _______ Mr. Hiren Kamod a/w B. N. Poojari, Rahul Poojari, Anees Patel, Prem Khullar, Srishti Poojari, Nidhi Bangera, Karishma Sawant i/b Asian Patent Law for Plaintiffs.

Mr. Alankar Kirpekar a/w Mr. Shekhar Bhagat, Mr. Rajas Panandikar and Ayush Tiwari i/b MAG Legal for Defendants.

_______

CORAM

:

ARIF S. DOCTOR, J.

th NOVEMBER 2025 DATE :

P.C.

1.

The Interim Applications seeks the following substantive reliefs: "(a) Delay of 2765 days in taking out this Interim Application be condoned, Kiran Kawre

2/2 22-COMIP-91-2013 (OS).DOC (b) Amendment as per Schedule "A" hereto be granted and consequential amendment to the Plaint be permitted, (c) Cost of this application be provided for, and (d) Such other and further relief as may be necessary in the circumstances of the case and in the interest of justice be allowed." 2.

Heard Mr. Kamod, learned counsel for the Applicant, who submits that the Interim Application has been necessitated on account of the amalgamation of the original Plaintiff, Camphor and Allied Products Limited. 3.

The learned counsel for Defendant very fairly does not oppose the Interim Application but submits that there has been a delay of 2,765 days in taking out the same. He therefore submits that if the Court is inclined to grant the Interim Application, an order for costs must follow.

4.

Having due regards to submissions made, the Interim Application is allowed in terms of prayer clauses (a) and (b), subject to payment of costs of Rs.20,000/- to be paid to The High Court Employees Medical Welfare Fund at Mumbai. The details are as follows:

Account Name : The High Court Employees Medical Welfare Fund at Mumbai Account Number : 000120110001337 Bank : Bank of India, Mumbai Main Branch, Mumbai IFSC Code : BKID0000001 5.

The Interim Application is disposed of.

(ARIF S. DOCTOR, J.) Kiran Kawre