The Single Judge ordered a modification to the judgment dated 3rd February, 2009, extending an injunction perpetuity and restricting new manufacturing activity for 14 weeks without hearing the suit on merits.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO.64 OF 2009 IN
NOTICE OF MOTION NO.1782 OF 2008 IN
SUIT NO.811 OF 2008
Weaver Aqua Everflo Vs.
Parle Agro Private Limited
.. Appellant
.. Respondent
Mr. Zal Andhyarujina with Mr. Manish Saurastri and Ms. Ashvini Takalkar i/by M/s. S.K. Jain & Associates for the appellant. Mr. V.R. Dhond with Mr. A.S. Kamat i/by M/s. Mulla & Mulla for the respondent.
CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J.
DATED : 11TH FEBRUARY, 2009
P.C.
We have heard the learned counsel on praecipe which has
been taken out by the appellant. By consent of the learned counsel
appearing for the parties, the order dated 3rd February, 2009 is
modified as follows:
(a) Clause (i) of the order will read as, “the
appellant before this court shall be bound by
the order passed by the learned Single Judge and the injunction granted therein shall operate in perpetuity against them”.
(b) Clause (iii) of the order shall read as “No
new manufacturing activity would be carried
out by the appellant in the aforesaid name
and style after the lapse of 14 weeks from
the date of the order”.
even the suit can finally be heard and decreed. Ordered accordingly.
CHIEF JUSTICE
DR. D.Y. CHANDRACHUD, J.
Weaver Aqua Everflo
Parle Agro Private Limited
Swatanter Kumar
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
