Hamilton Housewares Pvt And Anr vs Yogi Products
2021 Latest Caselaw 1806 Bom

         Digitally
         signed by                                         1/1                     comip-534-16.doc(speaking).doc
Meera    Meera M.
         Jadhav
M.       Date:
Jadhav   2021.02.03
         17:02:23
         +0530

                                 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                                                         ....Defendant


                                                     CORAM : K.R.SHRIRAM, J.

DATED : 27th JANUARY 2021 P.C. :

1 Suo motu called for speaking to the minutes of the order dated 20 th

January 2021. Paragraph 5 to be replaced with the following:

"5. I have to note that in the reply to the Notice of Motion defendant had raised an issue of jurisdiction under 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 Nusli Neville Wadia Vs. Ivory Properties & Ors .1, the issue of jurisdiction will have to be considered alongwith other issues under order XIV of the Civil Procedure Code 1908 that would arise for adjudication in the suit."

2 Rest of the order remains unaltered.

3 Original order to be corrected accordingly.

(K.R.SHRIRAM, J)

1 2020 (6) SC 557

Meera Jadhav