Bombay High Court
Hamilton Housewares Pvt And Anr vs Yogi Products on 20 January, 2021
Bench: K.R. Sriram
1/3 25 NMCD 292-2016.doc
This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL NOTICE OF MOTION NO. 292 OF 2016
IN
COMMERCIAL IP SUIT NO. 534 OF 2016
Hamilton Housewares Pvt. Ltd.& Ors. ....Applicant
In The Matter Between
Hamilton Housewares Pvt. Ltd.& Ors. ....Plaintiff
V/s
Yogi Products ....Defendants
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Ms. Suvarna Joshi for Plaintiff.
Ms. Srishti Shetty i/b Mohammed Zain Khan for Defendant.
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CORAM : K.R.SHRIRAM, J.
DATED : 20th JANUARY 2021.
P.C. :
1. Learned counsel for defendant on 13th January, 2021 stated,
though not recorded, that he has not been receiving instructions from
defendant and requested the matter be stood over by one week. The matter
therefore was stood over today.
2. Ms. Shetty i/b Mr. Khan states that they have tried to contact
defendant and has also sent communication to defendant but there has been
no response.
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2/3 25 NMCD 292-2016.doc
This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
3. An ad-interim order came to be passed on 18th March, 2016
which is still in force. Therefore, the order dated 18 th March, 2016 in the
Notice of Motion is confirmed as order in the Notice of Motion and Notice of
Motion is accordingly disposed.
4. There is written statement of defendant in the record and
proceedings affirmed on 14th July, 2016. Ms. Shetty states that written
statement can be accepted and suit may proceed for trial. Written
statement accordingly taken on record.
5. I have to also note that in the reply to the Notice of Motion
defendant had raised an issue of Section 9(A) of the Code of Civil
Procedure, 1908 and issue under Section 9(A) of the Code of Civil
Procedure, 1908 came to be framed on 17 th January, 2017. To prove the
issue evidence had to be led. In view of the judgment of the Apex Court in
Shyam Madam Mohan Ruia & Ors. Vs. Messer Holdings Limited & Ors. 1 it
was held that "It was provided that the preliminary issues framed under
Section 9A shall be treated as an issue under Order XIV CPS and be decided
by the courts with other issued as the court may deem fit." This issue can
also be decided along with other issues under Order XIV of the Code of Civil
Procedure, 1908.
1 (2020) 5 SCC 252
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This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
6. On or before 3rd February, 2021 parties shall file their respective
affidavit of documents and serve a copy thereof upon the other side, failing
which parties will not be permitted to rely on any document, copy whereof
is not annexed to the plaint and/or written statement and mentioned in the
list of documents annexed to the plaint and/or written statement. This will
not, however, prevent a party from confronting a witness of another party
with any document.
7. On or before 10th February, 2021 inspection to be completed. If
inspection is not given, such party will not be permitted to rely on such
document.
8. On or before 17th February, 2021 statement of admission and
denial with reasons for denial to be exchanged. If the statement of
admission and denial is not given, parties shall be deemed to have admitted
the existence of all the documents of the other side.
9. Suit be listed for issues on 24th February, 2021 on which date
parties shall come with agreed draft issues and a separate list of issues on
which they are unable to agree. On the next date, if parties do not come
with draft issues, they are put to notice that they will be put to terms.
(K.R. SHRIRAM, J.)
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