Allowed

Jal Beverages Pvt. Ltd. through Director v. Kaira Dist. Coop. Milk Producers Union Ltd.

Gujarat HC2 May 2019SCA/6252/2019

Case brief

AI extract

What is this about?

On party consensus, the High Court of Gujarat at Ahmedabad quashed a Commercial Court order, restored an application to be decided afresh, and disposed of a associated stay application.

What did the court decide?

The impugned order dated 02.03.2019 is quashed and set aside. Application Exh.299 is restored to file to be decided afresh after affording reasonable opportunity of hearing.

Jal Beverages Pvt. Ltd. through Director Vs… — Civil Procedure and Limitation | Gujarat HC (2019)

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C/SCA/6252/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 6252 of 2019

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With

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CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 6252 of 2019

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JAL BEVERAGES PVT LTD THROUGH DIRECTOR

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Versus

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KAIRA DIST. COOP. MILK PRODUCERS UNION LTD

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==========================================================

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Appearance:

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MR HARSHIT TOLIA WITH MR TEJAS S TRIVEDI(5692) for the Petitioner(s) No. 1

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MR KS NANAVATI, SENIOR ADVOCATE WITH MR PRANIT NANAVATI FOR NANAVATI ASSOCIATES(1375) for the Respondent(s) No. 1,2

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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI

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and HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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Date : 02/05/2019

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ORAL ORDER

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(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

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Heard Mr. Harshit Tolia, learned advocate for Mr. Tejas Trivedi, learned advocate for the petitioner and Mr. K.S. Nanavati, Senior Advocate, learned counsel for Mr. Pranit Nanavati, learned advocate for the respondents.

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Learned advocate for the respective parties on consensus agree that the impugned order dated 2.3.2019 passed by the Commercial Court, Vadodara, below Exh.299 in Commercial Trade Mark Suit No.11 and 12 of 2016 be quashed and set aside and the application Exh.299 made by the respondents be restored to file to be decided afresh in accordance with law after

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Page 1 of 2

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C/SCA/6252/2019 ORDER

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hearing the learned advocates for the respective parties and dealing with the contentions raised on behalf of the respective parties.

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In the light of the consensus arrived at between the parties, without entering into the merits of the matter, the impugned order dated 2.3.2019 is hereby quashed and set aside. The application Exh.299 is hereby restored to file. The same shall be decided afresh in accordance with law after affording a reasonable opportunity of hearing to the parties. Needless to state, that the Commercial Court shall consider the submissions advanced on behalf of the respective parties and pass a reasoned order dealing with all such contentions.

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The petition stands disposed of accordingly. Notice is discharged with no order as to costs.

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In the light of the order passed in the main petition, the civil application for stay no longer survives and is disposed of accordingly.

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(HARSHA DEVANI, J)

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(BHARGAV D. KARIA, J)

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RAGHUNATH R NAIR

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Page 2 of 2

Jal Beverages Pvt. Ltd. through Director v. Kaira Dist. Coop. Milk Producers Union Ltd.

Case brief

What is this about?

What did the court decide?

Jal Beverages Pvt. Ltd. through Director v. Kaira Dist. Coop. Milk Producers Union Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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