Adarsh Medicals and Anr. vs Sunitaben Vikasbhai Bhungaliya Sole Proprietor Trading in the Name and Style of Mwb Herbal Life — Bombay HC (2025) — LawSathi Research

Adarsh Medicals and Anr. vs Sunitaben Vikasbhai Bhungaliya Sole Proprietor Trading in the Name and Style of Mwb Herbal Life — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application kept pending and listed on 24 June 2025 ('High on Board') along with all other pending applications; ex parte ad-interim order dated 09.07.2024 continued to operate until further orders; defendants granted last chance to file reply affidavit within four weeks and rejoinder, if any, within two weeks thereafter; copy of defendants' Order VII Rule 10 CPC application to be served on plaintiffs within two weeks.

Issue for consideration

Whether the ex parte ad-interim reliefs granted on 09 July 2024 should continue to operate pending further orders in the interim application. +1 more

Court's answer

The ad-interim order shall continue to operate until further orders.

Ratio / Principle

The defendants were granted a last chance to file their reply affidavit within four weeks, with any rejoinder affidavit to be filed within two weeks thereafter.

Key takeaways

Copy of the defendants' application under Order VII Rule 10 CPC shall be served on the plaintiffs within two weeks, even if already served upon them.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Manish Pitale, J.), order dated 28 April 2025 in Interim Application (Lodging) No. 21114 of 2024 in Commercial IP Suit (Lodging) No. 20379 of 2024 — Adarsh Medicals & Anr. v. Sunitaben Vikasbhai Bhungaliya & Anr. Ex parte ad-interim reliefs granted on 09 July 2024 (since executed, with Court Receiver's Report on record) were continued to operate until further orders. With no reply affidavit yet filed, the defendants were given a last chance to file one within four weeks, rejoinder within two weeks thereafter. Plaintiffs indicated they would move under Order XXXIX Rule 2A CPC, alleging that despite the ad-interim order the defendants continue to use the old mark and have applied for registration of a changed mark said to violate the plaintiffs' intellectual property rights. The defendants' application under Order VII Rule 10 CPC is to be served on the plaintiffs within two weeks. The interim application was listed 'High on Board' for 24 June 2025 along with all pending applications.

20.IAL.21114.2024.doc

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

INTERIM APPLICATION (LODGING) NO. 21114 OF 2024 WITH LEAVE PETITION (LODGING) NO. 20761 OF 2024 WITH COURT RECEIVER’S REPORT NO. 356 OF 2024

IN COMMERCIAL IP SUIT (LODGING) NO. 20379 OF 2024 WITH COMMERCIAL IP SUIT (LODGING) NO. 20379 OF 2024

SHRIKANT SHRINIVAS MALANI

Digitally signed bySHRIKANT SHRINIVAS MALANI Date: 2025.04.29 15:55:58 +0530

Adarsh Medicals & Anr. ...Applicants/Plaintiffs Versus Sunitaben Vikasbhai Bhungaliya & Anr. ...Respondents/Defendants ***

Mr. Yatin Khochare a/w Mr. Atmaram Patade, Mr. Pranav Manjrekar and Mr. Suraj Naik i/b Atmaram Patade, for the Applicants/Plaintiffs.

Mr. Hiren Trivedi (Through V.C.), for Defendants.

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

Mr. Gajanan Surve, Master (Administration), Court Receiver.

CORAM : MANISH PITALE, J.

DATE : 28^th APRIL 2025.

P. C. :

In this application, on 09^th July 2024, this Court had granted exparte ad-interim reliefs in favour of the applicants/plaintiffs. The order has been executed and Court Receiver’s Report is on record. The record shows that there is no reply affidavit filed in the present application. In that light, the defendants are granted last chance to file reply affidavit within four weeks from today.

Rejoinder affidavit, if any, be filed within two weeks thereafter.

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Shrikant Malani

20.IAL.21114.2024.doc

The learned counsel for the applicants/plaintiffs submits that during the pendency of the present proceedings and the ad-interim order operating against the defendants, they are continuing to use the old mark, and they have also applied for registration of a changed mark, which according to the applicants/plaintiffs, still violates the intellectual property rights of the applicants/plaintiffs. In that light, it is submitted that the plaintiffs intend to file an application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC).

The learned counsel for the defendants also submits that an application under Order VII Rule 10 of the CPC has been filed. It appears that copy of the same is not served on the plaintiffs. Copy of the same shall be served on the plaintiffs, even if already served upon them, within a period of two weeks from today.

List the Instant Application (Lodging) No.21114 of 2024 on 24^th June 2025, “High on Board,” alongwith all other pending applications in these proceedings.

The ad-interim order shall continue to operate until further

orders.

(MANISH PITALE, J.)

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Shrikant Malani