Allowed

Siddhi Vinayak Knots and Prints Private Limited v. E-Bay India Pvt. Ltd. and 2 Others

Bombay HC28 Jun 2016NMS/194/2016

Case brief

AI extract

What is this about?

This court granted an interim order in a civil suit regarding product infringement. The Notice of Motion sought the deletion of the 1st and 2nd defendants and the disclosure of infringer details. The court held the motion absolute, directing the deletion and the supply of information. Orders were made for amending the plaint.

What did the court decide?

The 1st and 2nd Defendants were directed to be deleted as parties. They directed to supply infringer details by 8th July 2016. Plaintiffs to amend plaint by 15th July 2016.

Siddhi Vinayak Knots and Prints Private… — Contract and Commercial Disputes | Bombay HC (2016)

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913-NMS194-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 194 OF 2016

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IN

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SUIT NO. 1014 OF 2015

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Siddhi Vinayak Knots & Prints Private Limited…Plaintiff
Versus
E-Bay India Private Limited & 2 Others…Defendants

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Mr. Bhushan Mahadik, for the Plaintiff.
Ms. Padmaja Dholakia, i/b Dholakia Law Associates, for the
Defendants.

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CORAM:G.S. PATEL, J
DATED:28th June 2016

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PC:-

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1. Heard.

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2.This is a Notice of Motion by Defendants Nos. 1 and 2, E-Bay
India Private Limited and its Managing Director, seeking to be
deleted as party-Defendants to the Suit. Ms. Dholakia for these
Defendants states that there is no cause of action disclosed against
them. Prima facie, she is correct. The infringement is by the 3rd
Defendant.

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Page 1 of 2

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28th June 2016

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913-NMS194-16.DOC

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3.On behalf of the Plaintiff, it is stated that the Plaintiff does
not know the contact details of the infringers or offenders and the
3rd Defendant. This information is available with the 1st Defendant,
through whom the Defendant No. 3 has been selling infringing
products.

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4.On behalf of the Defendants, Ms. Dholakia agrees that the 1st
and 2nd Defendants, on request from the Plaintiff’s Advocates, will
disclose to them such contact information as is available with the 1st
Defendant in its records. That statement is accepted.

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5.In view thereof, the Notice of Motion is made absolute in
these terms. Defendants Nos. 1 and 2 are directed to be deleted as
party-Defendants to the Suit. The 1st and 2nd Defendants will
supply the necessary information on or before 8th July 2016.

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6.Amendments deleting the names of the 1st and 2nd
Defendants and incorporating the correct address of the 3rd
Defendant to be carried out, without need of re-verification, on or
before 15th July 2016. A copy of the amended plaint be served on
the Advocate for the sole remaining Defendant within two weeks
thereafter.

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(G. S. PATEL, J.)

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Page 2 of 2
28th June 2016

Siddhi Vinayak Knots and Prints Private Limited v. E-Bay India Pvt. Ltd. and 2 Others

Case brief

What is this about?

What did the court decide?

Siddhi Vinayak Knots and Prints Private Limited v. E-Bay India Pvt. Ltd. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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