Excel Crop Care Ltd. and Excel Industries Ltd. v. Heranba Industries Ltd.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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APP.22.2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.22 OF 2012 IN
NOTICE OF MOTION NO.2113 OF 2011 IN
SUIT NO.1702 OF 2011
Excel Crop Care Limited and another Appellants versus Heranba Industries Limited Respondent
Mr.Ashish Kamat with Ms.Soumya Ahuja i/by M/s.Bhagwati & Co. for appellants.
Mr.O.S.Kutty for respondent.
CORAM : MOHIT S. SHAH, C.J. AND RANJIT MORE, J.
DATE : March 15, 2012
PC :
(i) After respondent-defendant removes the contents of the infringing bottles, the respondent-defendant shall keep with it four samples each of all types of bottles and the remaining bottles shall be
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APP.22.2012
destroyed in accordance with law in presence of Court Receiver and representative of plaintiff/appellant;
(ii) Out of four samples of each type of bottle, two sets of samples shall remain with the appellant/plaintiff and two sets shall remain with the respondent/defendant;
(iii) After the aforesaid directions are carried out and after the defendant pays the amount of godown charges and insurance premium quantified at Rs.35,000/-, the Court Receiver shall submit his report and thereafter shall stand discharged.
(CHIEF JUSTICE)
(RANJIT MORE, J.)
M.S.Thatte
Excel Crop Care Limited
Heranba Industries Limited
MOHIT S. SHAH
RANJIT MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court