Dupont Polymers Inc. vs Global International — Bombay HC (2025) — LawSathi Research

Dupont Polymers Inc. vs Global International — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application (Lodging) No. 21100 of 2024 allowed in terms of prayer clause (a) and disposed of: products kept sealed at the premises of defendant No.1 since 13th March 2024 to be handed over to the plaintiff by defendant Nos.1 and 2 at their cost within two weeks; plaintiff to keep the products in safe custody and issue an appropriate receipt/acknowledgment; ex-parte ad-interim order to continue till the next date of listing; Interim Application (Lodging) No. 2739 of 2024 listed for 5th February 2025.

Issue for consideration

Whether the Court Receiver, High Court of Bombay and the Plaintiff should be directed to take physical custody of the sealed material (products seized under the ex-parte ad-interim order) as per the inventory made on 13/04/2024, and to issue an appropriate receipt to the applicant, with the aid and assistance of the Plaintiff.

Court's answer

In the light of the plaintiff's statement that it is ready to take physical custody of the products and keep them in safe custody during the proceedings, the present application can be allowed.

Ratio / Principle

The impugned products kept in sealed condition in the premises of defendant No.1 since 13th March 2024 shall be handed over to the plaintiff by defendant Nos.1 and 2 at the cost of defendant Nos.1 and 2, within a period of two weeks from the date of the order.

Key takeaways

Upon physical custody of the products being handed over, the plaintiff shall keep them in safe custody.ratio¶43
The plaintiff shall issue an appropriate receipt/acknowledgment to defendant Nos.1 and 2 upon receiving the goods.ratio¶44
The ex-parte ad-interim order granted earlier shall continue to operate till the next date of listing.ratio

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Manish Pitale, J.), 3rd January 2025, in Commercial IP Suit No. 66 of 2024 (Dupont Polymers Inc. v. Global International & Ors.): Interim Application (L) No. 21100 of 2024 by defendant No.2 (Kausar Ali Hussain Kapadia) sought a direction to the Court Receiver, High Court of Bombay, and the Plaintiff to take physical custody of sealed products, prima facie bearing counterfeit marks, seized in execution of an ex-parte ad-interim order dated 9th February 2024 and lying sealed at the premises of defendant No.1 since 13th March 2024, as per inventory made on 13/04/2024, with an appropriate receipt to the applicant. The Plaintiff stated it was ready to take physical custody and keep the products in safe custody during the proceedings. Held, allowing the application in terms of prayer clause (a): the products to be handed over to the Plaintiff by defendant Nos.1 and 2 at their cost within two weeks; the Plaintiff to keep them in safe custody and issue an appropriate receipt/acknowledgment; the ex-parte ad-interim order to continue to operate till the next date of listing. Interim Application (L) No. 2739 of 2024 listed for 5th February 2025.

bipin prithiani

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3-ial-21100.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION (L) NO. 21100 OF 2024

IN

COMMERCIAL IP SUIT NO. 66 OF 2024

… Kausar Ali Hussain Kapadia Applicant

Versus

… Dupont Polymers Inc. & Ors. Respondents

WITH

COMMERCIAL IP SUIT NO. 66 OF 2024

WITH

INTERIM APPLICATION (L) NO. 2739 OF 2024 AND

LEAVE PETITION (L) NO. 2750 OF 2024 AND

COURT RECEIVER REPORT NO. 157 OF 2024 IN COMMERCIAL IP SUIT NO. 66 OF 2024

Dupont Polymers Inc.

… Plaintiff/ Applicant

Versus

Global International & Ors.

… Defendants

Mr. Hiren Kamod (through V.C.) a/w Mr. Nishad Nadkarni, Mr. Aasif Navodia, Ms. Khushboo Jhunjhunwala, Ms. Jaanvi Chopra and Ms. Rakshita Singh i/by Khaitan & Co. for the Plaintiff. Mr. M. A. Adenwala for Defendants.

Ms. Charushila Vaidya, 2^nd Assistant to Court Receiver.

CORAM: MANISH PITALE, J. DATE : 3^rd JANUARY 2025

BIPIN DHARMENDERPRITHIANI Digitally signed by BIPINDHARMENDER PRITHIANIDate: 2025.01.04 10:16:07 +0530

bipin prithiani

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3-ial-21100.24.doc

P.C. :

. In these proceedings, an ex-parte ad-interim order passed by this Court on 9^th February 2024 was executed against defendant Nos.1 and 2 and products prima facie bearing counterfeit marks were seized and sealed at the premises of defendant Nos. 1 and 2.

By this application, the defendant No.2 has prayed for following relief :

a) That the Appropriate direction should be issued to the Court Receiver, High Court Bombay and Plaintiff to take physical custody of the sealed material as per inventory made on 13/04/2024 and issue appropriate receipt to the applicant acknowledging the same with the aid and assistance of the Plaintiff.”

The learned counsel for the applicant/defendant No.2 submits that the aforesaid prayer may be granted for the reason that the said products have been lying in a sealed condition at the premises of defendant No.1 since 13^th March 2024.

The learned counsel for the plaintiff submits that the plaintiff is ready to take physical custody of the said products and to keep them in safe custody for future reference, during the course of the proceedings in the suit.

In the light of the statement made on behalf of the plaintiff, the present application can be allowed.

Accordingly, the Interim Application (Lodging) No. 21100

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bipin prithiani

3-ial-21100.24.doc

of 2024 is allowed in terms of prayer clause (a) and it is directed that the impugned products kept in sealed condition in the premises of defendant No.1 since 13^th March 2024, shall be handed over to the plaintiff by defendant Nos.1 and 2 at the cost of defendant Nos.1 and 2, within a period of two weeks from today.

Upon such physical custody of the said products being handed over to the plaintiff, the same shall be kept in safe custody by the plaintiff.

The plaintiff shall issue an appropriate receipt/ acknowledgment to defendant Nos.1 and 2 upon receiving such goods.

The Interim Application (Lodging) No. 21100 of 2024 is disposed of.

The ex-parte ad-interim order granted earlier shall continue to operate till the next date of listing.

List the Interim Application (Lodging) No. 2739 of 2024 for further consideration on 5^th February 2025.

MANISH PITALE, J.