The High Court continued an interim arrangement allowing the appellant to sell specific inventory until February 5, 2018, directing the trial court to decide an injunction application within three weeks thereafter.
Interim arrangement to sell inventory continued until February 5, 2018; appeal disposed of.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 30/2018, CAV 48/2018, CM APPL. 2669/2018, CM APPL. 2670/2018
M/S FLIPKART INDIA PRIVATE LIMITED
..... Appellant
Through: Mr. Salman Khurshid and Mr. Dayan Krishnan, Senior Advocates with Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra, Mr. Saurabh Srivastava, Mr. Nitin Sharma, Ms. Shilpa Gupta, Mr. Ranjeet Singh, Ms. Gitanjali Kapur, Ms. Roshni W. Anand, Mr. Zafar Khurshid, Ms. Aakashi Lodha and Mr. Sanjeevi Seshadhri, Advocates.
versus
M/S MARC ENTERPRISES PVT LTD
..... Respondent
Through: Akhil Sibal, Sr. Advocate with Mr. S.K. Bansal, Mr. Ajay Amitabh Suman, Mr. Pankaj Kumar, Mr. Kapil Kr. Giri and Mr. Vinay Shuka, Advs.
CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R
% 01.02.2018
After some arguments, the learned Senior Counsel for the parties, as noted herein-above, state upon instructions, that the arrangement, as recorded in the previous order, would continue till the 5th of February, 2018 i.e. the appellant would have the liberty to sell its inventory of the three items i.e. televisions, microwave machines and washing machines. A list of the same has been supplied to the
learned counsel for the respondent by way of an affidavit today. The inventory would include the products which stood manufactured till the date of the impugned order. The appellant shall render accounts in this regard in due course.
The appellant shall file its reply to the application giving rise to the impugned order before the 5th of February. The parties shall appear before the Trial Court on the date fixed and the said Court is requested to dispose-off the respondent’s pending application under Order 39 Rules 1 and 2, CPC preferably within a period of three weeks from 5th February, 2018.
It will be open to the appellant to make a request for extension of this arrangement in case the inventory is not exhausted by 5th of February, 2018. The learned Trial Court would take a decision in this regard independent of this Court’s observations.
Nothing observed by this Court would be deemed to be an adjudication on the merits of the case.
The appeal is disposed-off in the above terms.
FEBRUARY 01, 2018/acm
NAJMI WAZIRI, J
1 issue framed by the court
Whether the interim arrangement allowing the sale of inventory should continue until 5th February 2018.
1 provisions across 1 enactments
M/S FLIPKART INDIA PRIVATE LIMITED
M/S MARC ENTERPRISES PVT LTD
Najmi Azmi Bazmawali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
