Disposed

Bayer Corporation and Anr. v. M J Chempharm Private Limited and Anr.

Bombay HC8 Jan 2014NMS/1308/2013

Case brief

AI extract

What is this about?

This order allowed a notice of motion in a suit regarding a counter claim. Prothonotary orders rejecting the submission of the Written Statement and Counter Claim were set aside.

What did the court decide?

Orders of the Prothonotary rejecting the Written Statement and Counter Claim were set aside; the applicants were permitted to remove objections from their filings upon payment of costs.

Bayer Corporation and Anr. Vs M J Chempharm… — Civil Procedure and Limitation | Bombay HC (2014)

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NMS 1308 of 2013 (910)

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IN THE HIGH COURT OF JUDICTURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1308 OF 2013 IN

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SUIT NO.827 OF 2012

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Bayer Corporation and Anr. Versus

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M.J.Chempharm Pvt. Ltd. and Anr.

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.....Plaintiffs

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.....Applicants/Defendants

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WITH

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COUNTER CLAIM (L) NO.1831 OF 2012

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Dr. Virendra Tulzapurkar, Senior Advocate with Mr. Ramesh H. Gajria, Mr. Sanjay Kumar, Ms. Arpita Sawhney i/by M/s. Gajria and Co., for Plaintiffs. Mr. Vishal Kanade i/by M/s. Kartikeya and Desai, for Defendant No.2. Ms. Suchitra Naik, previous Advocate for Defendant No.2.

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CORAM: S.J.KATHAWALLA, J.

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DATE: 8^th JANUARY 2014

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P.C. :

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Heard the learned Advocates for the parties. The orders

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passed by the learned Prothonotary are set aside and the Notice of Motion

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is allowed in terms of prayer clauses (a) and (b), which read as under :

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(a) that this Hon'ble Court may be pleased to set aside order dated 24^th June, 2013 passed in Chamber Order No. 238 of 2013 and the order dated 4^th December, 2012 both passed by the learned Prothonotary and Senior Master, rejecting the applicants Written Statement along with Counter Claim in the aforesaid Suit;

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(b) that this Hon'ble Court may be pleased to permit the Applicants to remove all the objections from its Written Statement and Counter Claim filed on 12^th July, 2012 and accept the same on record and file of this Hon'ble Court;

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1/2

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ssp

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NMS 1308 of 2013 (910)

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The Defendant No. 2 shall remove the office objections and

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shall pay costs of Rs.25,000/- to the Advocate for the Plaintiff within one week from today. It is clarified that if the office objections are not removed within the stipulated time, the Counter Claim (L) No.1831 of 2012 shall stand dismissed without further reference to this Court.

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The Notice of Motion is accordingly disposed of.

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Place the Suit for 'Directions' on 15-01-2014.

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( S.J.KATHAWALLA, J. )

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2/2

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ssp

Bayer Corporation and Anr. v. M J Chempharm Private Limited and Anr.

Case brief

What is this about?

What did the court decide?

Bayer Corporation and Anr. v. M J Chempharm Private Limited and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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