The High Court allowed the chamber summons to join the Respondent as a party Defendant in a suit concerning trademark and copyright infringement. The amendment was ordered to be carried out within the day or the next.
The chamber summons seeking to join the Respondent as a party Defendant was allowed and made absolute.
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.
chsl 72-2016.doc
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sat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS (L) NO. 72 OF 2016 IN SUIT (L) NO. 1320 OF 2015
Khursheed Anwar Mohammad Ali & Anr. …Plaintiffs / Applicants vs. Arya Herbals ...Defendant and Liricon Trading ...Respondent
Mr.Alankar Kirpekar with Shekhar Bhagat and Akash Joshi i/b. MAG Legal for Plaintiff.
Mr.Mehul Shah i/b. Yatin Kochare for Defendant.
CORAM : S.C. GUPTE, J.
18 JANUARY 2016
P.C. :
The chamber summons seeks to join the Respondent as a party Defendant. This suit concerns infringement of a trade mark as well as copyright and also passing off of goods. The Defendant to the suit is a manufacturer of the goods in respect of which infringement and passing off are claimed. The Respondent is a marketer of the goods, who is now sought to be joined as a party Defendant.
2 Learned Counsel for the Defendant, who also proposes to appear for the Respondent, has no objection to the chamber summons being allowed.
3 The chamber summons is, accordingly, made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out in the course of the day or the following day. The notice of motion has been already posted for vacating ad-interim reliefs tomorrow. That application will be heard along with the Plaintiffs' application for extension of ad-interim reliefs against both the present Defendant as well as the proposed Defendant, who is impleaded today in pursuance of this order.
(S.C. Gupte, J.)
2 issues framed by the court
Whether the chamber summons seeking to join the Respondent as a party Defendant should be allowed.
Whether the proposed Amendment to join the Respondent should be permitted for the day or following day.
Khursheed Anwar Mohammad Ali & Anr.
Liricon Trading
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
