Notice of Motion under Commercial IP Suit where the Court confirmed an ad-interim order despite the defendant's absence and defective proof of service of the order.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION NO.1924 OF 2019 IN
COMMERCIAL IP SUIT NO.1024 OF 2019
Benett, Colman and Co. Ltd & Ors
..Plaintiffs
Vs.
Nina Bandwagon Pvt Ltd ..Defendant
Mr. Rashmin Khandekar a/w Mr. Hardik Sampat I/b Anees Patel for Plaintiff/Applicant None for Defendant
CORAM : K.R.SHRIRAM, J. DATE : 5th AUGUST 2019
P.C.:
1 Mr. Khandekar appearing for plaintiffs relies on an affidavit of one Mr.Anis Patel Advocate, affirmed on 19th July 2019 to state that defendant has been served a copy of the order dated 4th July 2019. I do not, however, find any letter annexed to the affidavit of service to show that a copy of the order has been sent to defendant. Mr. Khandekar tenders photocopy of the office copy of a letter dated 6th July 2019 and states that this was the forwarding letter referred to in paragraph 3 of the affidavit in support. Statement accepted and the said letter is taken on record and marked “X” for identification.
Meera Jadhav
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herein below:
Meera Jadhav
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3 Despite service, defendant is absent and no affidavit in reply is
filed. Nobody has also entered appearance for defendant and Mr. Khandekar states that his instructing advocate has not received any communication from any advocate stating that the said Advocate is entering appearance for defendant.
3 In the circumstances, ad-interim order granted on 4th July 2019, is confirmed as an order in the notice of motion.
4 Notice of motion accordingly stands disposed.
Meera Jadhav
Benett, Colman and Co. Ltd & Ors
Nina Bandwagon Pvt Ltd
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
