High Court of Bombay disposed of two notice of motions in a commercial IP suit. One allowed registration of affidavit evidence from substitute witnesses. The other was disposed of as withdrawn with liberty to file fresh motion.
Additional affidavit and documents placed on record; video conferencing motion disposed of as withdrawn.
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.
10_NMS_1481_17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1481 OF 2017 WITH
NOTICE OF MOTION NO. 2018 OF 2017 IN
COMMERCIAL IP SUIT NO. 296 OF 2021
The Scotch Whisky Association and others
… Plaintiffs
vs.
Khoday India Limited … Defendant
Dr. Virendra Tulzapurkar, Senior Advocate, a/w. Mr. Amit Jamsandekar, Ms.Kirti Munshi and Mr. Aditya Singh, i/by. Little and Company for plaintiffs.
Mr. Gaurav Joshi, Senior Counsel, a/w. Ms. Falguni Thakkar, i/by. DSK Legal for defendant.
CORAM : MANISH PITALE, J DATE : 16th JANUARY, 2023
P.C. :
Notice of Motion No. 2018 of 2017:
. By this application, the plaintiffs desire to place on record, additional affidavit and documents.
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10_NMS_1481_17.doc
Notice of Motion No. 1481 of 2017:
. This application was moved, seeking permission to examine the witness through video conferencing. This pertained to the earlier witness, who is now not available. In that light, learned counsel for the plaintiffs seeks permission to withdraw the present application, with liberty to file fresh motion, in the context of the affidavit in evidence of the witness James Alan Pearson Park, if required.
(MANISH PITALE, J)
Priya Kambli
2/2
The Scotch Whisky Association and others
Khoday India Limited
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
