Disposed

Whirlpool of India Ltd. v. Videocon Industries Ltd.

Bombay HC8 Mar 2016NMS/2269/2012

Case brief

AI extract

What is this about?

This order in a suit for specific performance (implied by context) grants a deadline for the plaintiff to file a further affidavit and sets a final hearing date for a pending notice of motion for permanent injunction, denying further adjournments.

What did the court decide?

Directions granted for filing affidavits by specified dates; Notice of Motion listed for final disposal on 23rd March 2016.

Whirlpool of India Ltd. Vs Videocon… — Contract and Commercial Disputes | Bombay HC (2016)

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69-NMS2269-12+.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. 2269 OF 2012

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IN

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SUIT NO. 2012 OF 2012

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WITH

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NOTICE OF MOTION NO. 2458 OF 2012

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Whirlpool of India Limited
Versus
Videocon Industries Limited

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...Plaintiff

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…Defendant

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Mr. Rashmin Khandekar, with Mr. Rahul Dhote, & Mr. Minesh
Andharia, i/b M/s. Krishna & Saurashtr Associates, for the
Plaintiff.

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Mr. Shyam Mehta, Senior Advocate, with Mr. Khadilkar, i/b M/s.
MAG Legal, for the Defendant.

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CORAM: G.S. PATEL, J. DATED: 8th March 2016

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PC:-

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1.Of the two Notices of Motion in this Suit, the first, Notice of
Motion No. 2269 of 2012, has been finally disposed by a detailed
order and judgment. I am informed that that order has obtained
finality, no Appeal having been filed.

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1 of 2

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69-NMS2269-12+.DOC

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2.Notice of Motion No. 2458 of 2012 is pending. It is filed
under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908
on the basis that the Defendants to the Notice of Motion and all
Officers of the Defendant have wilfully disobeyed a previous ad-
interim order dated 25th July 2012 (coram: B.R. Gavai, J). Although
pleadings in this Notice of Motion are complete, Mr. Khandekar,
learned Advocate for the Plaintiff, states that he desires to file a
further Affidavit expressing the Plaintiff’s apprehension that the
Defendant has tied up or associated with another Company to make
a product in breach of the injunction order of this Court.

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3.This Notice of Motion has been adjourned far too often. If
the Plaintiff wants to file an affidavit, it must do so on or before 17th
March 2016. No further time will be granted, and no extension
application will be permitted. Affidavit in Rejoinder, if any, to be
filed and served on or before 21st March 2016.

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4.List the Notice of Motion for hearing and final disposal on
23rd March 2016. There will be no adjournment beyond this under
any circumstances.

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(G. S. PATEL, J.)

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Whirlpool of India Ltd. v. Videocon Industries Ltd.

Case brief

What is this about?

What did the court decide?

Whirlpool of India Ltd. v. Videocon Industries Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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