An interim appeal filed against an ad-interim injunction order in a trademark dispute was dismissed without hearing on the ground that the interlocutory application was already listed for hearing in the lower court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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app-189-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.189 OF 2012
WITH
NOTICE OF MOTION NO.1111 OF 2012
IN
NOTICE OF MOTION NO.92 OF 2012
IN
SUIT NO.56 OF 2012
Jagpin Breweries Limited ..Appellant Versus Skol Breweries Limited. ..Respondents.
Mr. Anand Kumar and Mr. D.A. Jehangir for the appellant. Dr. Virendra Tulzapurkar, Senior Advocate with Mr. H.W. Kane and Mr. Hiren Kamod i/b. M/s.W.S. Kane & Co., for the respondent.
CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATE : 28 August 2012.
P.C.
This appeal is directed against the ad-interim order dated 7 February 2012 of the learned trial Judge of this Court granting ad-interim injunction against the use of the mark “COX 5001” by the appellant-defendant. Since the Notice of Motion in which the above ad-interim order has been granted being Notice of Motion No.92 of 2012 is already listed for hearing before the learned trial Judge of this Court, we do not propose to entertain this appeal. On this short ground alone the appeal is dismissed without going into the merits of the controversy between the parties. All contentions are kept open.
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app-189-12
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CHIEF JUSTICE
(N.M. JAMDAR, J.)
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Jagpin Breweries Limited
Skol Breweries Limited
Mohit S. Shah
N.M. Jamd
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
