Brihan Karan Sugar Syndicate ... vs Yashwantrao Mohite Krushna ...
2021 Latest Caselaw 4848 Bom

                                               1/3                       31 NMCD 1312-2018.doc




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                        ORDINARY ORIGINAL CIVIL JURISDICTION

               COMMERCIAL NOTICE OF MOTION NO. 1312 OF 2018
                                   IN
                   COMMERCIAL IP SUIT NO. 649 OF 2018


Brihan Karan Sugar Syndicate
Pvt. Ltd.                                                          ....Applicant

In The Matter Between

Brihan Karan Sugar Syndicate
Pvt. Ltd.                                                          ....Plaintiff
                  V/s
Yashwantrao Mohite Krushna
Sahakar Sakhar Karkhana and Ors.                                   ....Defendant

                                   ----
Mr. H. W. Kane a/w Mr. Nikhil Sharma and i/b W. S. Kane and Co. for
Applicant/Plaintiff.
None for Defendant.
                                   ----

                                            CORAM : K.R.SHRIRAM, J.

DATED : 17th MARCH 2021.

P.C. :

1. Mr. Kane states that on 04/05/2018 an undertaking and

statement on behalf of Defendant Nos.1 to 3 was made as recorded in the

said order that they shall not use logo mentioned in Exhibit G-1 to G-3

annexed to the plaint. Mr. Kane further states that in fact this

statement was made notwithstanding an affidavit dated 26/04/2018

opposing Notice of Motion was filed. By an order dated 18/07/2018 read

with order dated 24/07/2018 ad-interim relief in terms of prayer clause (a)

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and (b) was granted and that order has been in force till date.

2. Mr. Kane states that the order dated 18/07/2018 read with

order dated 24/07/2018 be confirmed as an order in the Notice of Motion

and Notice of Motion be disposed.

3. Since the order dated 18/07/2018 read with order dated

24/07/2018 was passed after filing affidavit in reply, I see no harm in

confirming the said order as order in the Notice of Motion and disposing the

Notice of Motion. Accordingly, order dated 18/07/2018 read with order

dated 24/07/2018 is confirmed as order in the Notice of Motion and Notice

of Motion No. 1312 of 2018 is accordingly disposed.

4. There is an affidavit of one Nilesh Sonawane affirmed on

25/07/2018 confirming service of writ of summons of defendant's advocate

on 23/07/2018. No written statement has been filed. As per proviso of

amended Code of Civil Procedure, 1908, Order VIII Rule 1 as applicable to

Commercial Courts, defendants have forfeited their rights to file their

written statement.

5. Order VIII Rule 10 of the Code of Civil Procedure, 1908

provides that where any party from whom a written statement is required

under Rule 1 or Rule 9 fails to present within the time permitted

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the Court shall pronounce judgment against him in relation to the suit and

on the pronouncement of such judgment a decree shall be drawn up.

6. Since no written statement as required under Order VIII Rule 1

has been filed by defendants, suit be placed for pronouncement of Ex-parte

judgment against defendants before the appropriate court.

(K.R. SHRIRAM, J.)

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