[Cites 1, Cited by 0]
Bombay High Court
Markers Development Services Private ... vs M Visvesvaraya Industrial Research And ... on 29 January, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
901-S-2618-2007.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by KANCHAN ORDINARY ORIGINAL CIVIL JURISDICTION
KANCHAN PRASHANT
PRASHANT DHURI
DHURI Date:
2026.01.29
SUIT NO. 2618 OF 2007
19:47:28 +0530
Markers Development Services Private Limited ... Plaintiff
Versus
M. Visveswaraya Industrial Research and
Development Centre ... Defendants
WITH
INTERIM APPLICATION (L) NO. 13579 OF 2024
INTERIM APPLICATION NO. 1057 OF 2024
COUNTER CLAIM NO. 42 OF 2011
NOTICE OF MOTION NO. 1608 OF 2017
IN
SUIT NO. 2618 OF 2007
WITH
INTERIM APPLICATION (L) NO. 9751 OF 2024
IN
COUNTER CLAIM NO. 42 OF 2011
............
Ms. Ankita Singhania alongwith Mr. Arup Pereira and Mr. Hamd Bhati
instructed by Junnarkar & Associates, Advocate for the Plaintiff.
Mr. J.P. Sen, Senior Advocate alongwith Mr. Kunal Vaishnav, Mr. Meit
Sampat, Ms. Niharika Singh and Ms. Simran Shah instructed by Little &
Co., Advocate for the Defendant No.1.
Mr. Rakesh Pathak, AGP for the State-Defendants No.2 and 3.
............
CORAM : ABHAY AHUJA, J.
DATE : 29 JANUARY 2026
P.C. :
1. In furtherance of order dated 28 th January 2026, this matter
has been listed at serial No.901 today.
901-S-2618-2007.doc
2. When the matter is called out, Ms. Singhania, learned
Counsel, appears for the Plaintiff and at the outset, profusely
apologizes for the conduct of the Attorney. However, since Mr. Sen,
learned Senior Counsel for the Defendant No.1 was not present, the
matter was kept back in the morning session and this Court requested
the presence of Mr. Sen, learned Senior Counsel, appearing for the
Defendant No.1 as well.
3. The matter has once again been mentioned at 2.00 p.m. as
Mr. Sen, learned Senior Counsel for the Defendant No.1 is present in
Court.
4. Ms. Singhania, learned Counsel, appearing for the Plaintiff
once again tenders unconditional apology for the conduct of the
Attorney and assures this Court that the Attorney will conduct himself
in a manner befitting an officer of the Court. Ms. Singhania submits
that the documents to be marked are available including the documents
referred to in paragraph 18 of the order dated 28 th January 2026 and
tenders the said documents across the bar.
901-S-2618-2007.doc
5. Mr. Sen, learned Senior Counsel appearing for the Defendant
No.1 has no objection if the documents at serial Nos.2, 4, 5, 6, 9 and 15
with reference to the additional affidavit in lieu of examination-in-chief
dated 3rd October 2024 including original of the office copy of the
document at serial No.2, the certified copies of documents at serial Nos.
4, 5 and 6, copy of notice at serial No.9 and the original document at
serial No.15 viz. Certificate under Section 65-B of the Indian Evidence
Act, 1872 and the original of the documents at serial Nos.2 and 3 with
reference to the further affidavit in lieu of examination-in-chief dated
11th July 2025 of Mr. Kunal Vikamsey are marked as Exhibit PW-3/17 to
PW-3/24 respectively, subject to proof of the correctness of the
contents.
6. Accordingly, in furtherance of the order dated 28th January
2026, the documents at serial Nos.2, 4, 5, 6, 9 and 15 with reference to
the additional affidavit in lieu of examination-in-chief dated 3 rd October
2024 including original of the office copy of the document at serial
No.2, the certified copies of documents at serial Nos. 4, 5 and 6, copy
of notice at serial No.9 and the original document at serial No.15 viz.
Certificate under Section 65-B of the Indian Evidence Act, 1872 and the
original of the documents at serial Nos.2 and 3 with reference to the
901-S-2618-2007.doc
further affidavit in lieu of examination-in-chief dated 11 th July 2025 of
Mr. Kunal Vikamsey are marked as Exhibits PW-3/17 to PW-3/24
respectively, subject to proof of the correctness of the contents.
7. List on 11th March 2026 for further marking of documents.
(ABHAY AHUJA, J.)
