Bharat Bhogilal Patel vs. Photon Technologies

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO. 141 OF 2014

Bharat Bhogilal Patel … Plaintiff

vs.

Allflex India Private Limited … Defendant

WITH COMMERCIAL IP SUIT NO. 177 OF 2018 WITH COMMERCIAL IP SUIT NO. 865 OF 2018 WITH COMMERCIAL IP SUIT NO. 297 OF 2018 WITH COMMERCIAL IP SUIT NO. 153 OF 2018 WITH COUNTER CLAIM NO. 12 OF 2019 IN COMMERCIAL IP SUIT NO. 153 OF 2018 WITH COMMERCIAL IP SUIT NO. 178 OF 2018 WITH COMMERCIAL IP SUIT NO. 137 OF 2018 WITH NOTICE OF MOTION NO. 956 OF 2018 WITH COUNTER CLAIM NO. 13 OF 2019 IN COMMERCIAL IP SUIT NO. 137 OF 2018 WITH COMMERCIAL IP SUIT NO. 485 OF 2018 WITH COUNTER CLAIM NO. 2 OF 2019 WITH IN PERSON APPLICATION NO. 54 OF 2018 IN COMMERCIAL IP SUIT NO. 485 OF 2018 WITH COMMERCIAL IP SUIT NO. 487 OF 2018 WITH COMMERCIAL IP SUIT NO. 348 OF 2017

WITH NOTICE OF MOTION NO. 600 OF 2017 WITH NOTICE OF MOTION NO. 582 OF 2017 WITH NOTICE OF MOTION NO. 686 OF 2017 WITH COUNTER CLAIM NO. 1 OF 2019 IN COMMERCIAL IP SUIT NO. 348 OF 2017 WITH COMMERCIAL IP SUIT NO. 866 OF 2018 WITH SUIT NO. 501 OF 2016 WITH NOTICE OF MOTION NO. 262 OF 2017 IN SUIT NO. 501 OF 2016 WITH SUIT NO. 737 OF 2016 WITH COMMERCIAL IP SUIT NO. 1546 OF 2018 WITH NOTICE OF MOTION NO. 1408 OF 2019 IN COMMERCIAL IP SUIT NO. 1546 OF 2018 WITH COMMERCIAL IP SUIT NO. 1439 OF 2018 WITH COMMERCIAL IP SUIT NO. 577 OF 2019 WITH COMMERCIAL IP SUIT NO. 1428 OF 2018 WITH COMMERCIAL IP SUIT NO. 1559 OF 2018 WITH COMMERCIAL IP SUIT NO. 1193 OF 2018 WITH COMMERCIAL IP SUIT NO. 5 OF 2019 WITH COMMERCIAL IP SUIT NO. 36 OF 2019 WITH COMMERCIAL IP SUIT NO. 171 OF 2018

WITH COMMERCIAL IP SUIT NO. 74 OF 2018 WITH COMMERCIAL IP SUIT NO. 318 OF 2019 WITH COMMERCIAL IP SUIT NO. 606 OF 2019 WITH COMMERCIAL IP SUIT NO. 43 OF 2019 WITH COMMERCIAL IP SUIT NO. 1421 OF 2018 WITH NOTICE OF MOTION NO. 1985 OF 2019 IN COMMERCIAL IP SUIT NO. 1421 OF 2018 WITH COMMERCIAL IP SUIT NO. 1442 OF 2018 WITH COMMERCIAL IP SUIT NO. 561 OF 2019 WITH COMMERCIAL IP SUIT NO. 48 OF 2019 WITH COMMERCIAL IP SUIT NO. 44 OF 2019 WITH COMMERCIAL IP SUIT NO. 583 OF 2019 WITH COMMERCIAL IP SUIT NO. 887 OF 2017 WITH CHAMBER SUMMONS NO. 843 OF 2018 IN COMMERCIAL IP SUIT NO. 887 OF 2017 WITH COMMERCIAL IP SUIT NO. 888 OF 2017 WITH COMMERCIAL IP SUIT NO. 892 OF 2017 WITH SUIT NO. 3293 OF 2010 WITH COMMERCIAL IP SUIT NO. 95 OF 2018 WITH IN PERSON APPLICATION NO. 228 OF 2017 IN COMMERCIAL IP SUIT NO. 95 OF 2018

WITH COMMERCIAL IP SUIT NO. 43 OF 2018 WITH IN PERSON APPLICATION NO. 232 OF 2017 IN COMMERCIAL IP SUIT NO. 43 OF 2018 WITH COMMERCIAL IP SUIT NO. 1129 OF 2018 WITH IN PERSON APPLICATION NO. 231 OF 2017 IN COMMERCIAL IP SUIT NO. 1129 OF 2018 WITH COMMERCIAL SUIT NO. 316 OF 2018 WITH IN PERSON APPLICATION NO. 237 OF 2017 WITH NOTICE OF MOTION (LODGING) NO. 2118 OF 2018 IN COMMERCIAL SUIT NO. 316 OF 2018 WITH COMMERCIAL IP SUIT NO. 697 OF 2018 WITH IN PERSON APPLICATION NO. 236 OF 2017 IN COMMERCIAL IP SUIT NO. 697 OF 2018 WITH COMMERCIAL IP SUIT NO. 29 OF 2018 WITH IN PERSON APPLICATION NO. 238 OF 2017 IN COMMERCIAL IP SUIT NO. 29 OF 2018 WITH COMMERCIAL IP SUIT NO. 56 OF 2018 WITH IN PERSON APPLICATION NO. 239 OF 2017 IN COMMERCIAL IP SUIT NO. 56 OF 2018 WITH COMMERCIAL IP SUIT NO. 394 OF 2017 WITH IN PERSON APPLICATION NO. 97 OF 2016

WITH COUNTER CLAIM NO. 30 OF 2017 IN COMMERCIAL IP SUIT NO. 394 OF 2017 WITH COMMERCIAL IP SUIT NO. 423 OF 2017 WITH IN PERSON APPLICATION NO. 108 OF 2016 IN COMMERCIAL IP SUIT NO. 423 OF 2017 WITH COMMERCIAL IP SUIT NO. 353 OF 2017 WITH COUNTER CLAIM (LODGING) NO. 5 OF 2018 WITH IN PERSON APPLICATION NO. 110 OF 2016 IN COMMERCIAL IP SUIT NO. 353 OF 2017 WITH COMMERCIAL IP SUIT NO. 356 OF 2017 WITH IN PERSON APPLICATION NO. 111 OF 2016 IN COMMERCIAL IP SUIT NO. 356 OF 2017 WITH COMMERCIAL IP SUIT NO. 352 OF 2017 WITH IN PERSON APPLICATION NO. 112 OF 2016 IN COMMERCIAL IP SUIT NO. 352 OF 2017 WITH COMMERCIAL SUIT NO. 411 OF 2017 WITH IN PERSON APPLICATION NO. 109 OF 2016 WITH COUNTER CLAIM NO. 35 OF 2017 IN COMMERCIAL SUIT NO. 411 OF 2017 WITH COMMERCIAL IP SUIT NO. 380 OF 2017 WITH IN PERSON APPLICATION NO. 114 OF 2016

IN COMMERCIAL IP SUIT NO. 380 OF 2017 WITH COMMERCIAL IP SUIT NO. 360 OF 2017 WITH IN PERSON APPLICATION NO. 120 OF 2016 WITH COUNTER CLAIM NO. 4 OF 2018 IN COMMERCIAL IP SUIT NO. 360 OF 2017 WITH COMMERCIAL IP SUIT NO. 357 OF 2017 WITH IN PERSON APPLICATION NO. 119 OF 2016 IN COMMERCIAL IP SUIT NO. 357 OF 2017 WITH COMMERCIAL IP SUIT NO. 358 OF 2017 WITH COMMERCIAL IP SUIT NO. 370 OF 2017 WITH IN PERSON APPLICATION NO. 121 OF 2016 IN COMMERCIAL IP SUIT NO. 370 OF 2017 WITH COMMERCIAL IP SUIT NO. 354 OF 2017 WITH IN PERSON APPLICATION NO. 124 OF 2016 IN COMMERCIAL IP SUIT NO. 354 OF 2017 WITH COMMERCIAL IP SUIT NO. 235 OF 2017 WITH IN PERSON APPLICATION NO. 125 OF 2016 IN COMMERCIAL IP SUIT NO. 235 OF 2017 WITH COMMERCIAL IP SUIT NO. 382 OF 2017 WITH IN PERSON APPLICATION NO. 126 OF 2016 IN COMMERCIAL IP SUIT NO. 382 OF 2017

WITH COMMERCIAL SUIT NO. 351 OF 2017 WITH IN PERSON APPLICATION NO. 118 OF 2016 IN COMMERCIAL SUIT NO. 351 OF 2017 WITH COMMERCIAL IP SUIT NO. 350 OF 2017 WITH IN PERSON APPLICATION NO. 123 OF 2016 IN COMMERCIAL IP SUIT NO. 350 OF 2017 WITH COMMERCIAL IP SUIT NO. 234 OF 2017 WITH IN PERSON APPLICATION NO. 129 OF 2016 IN COMMERCIAL IP SUIT NO. 234 OF 2017 WITH COMMERCIAL IP SUIT NO. 379 OF 2017 WITH IN PERSON APPLICATION NO. 130 OF 2016 IN COMMERCIAL IP SUIT NO. 379 OF 2017 WITH COMMERCIAL IP SUIT NO. 424 OF 2017 WITH IN PERSON APPLICATION NO. 131 OF 2016 IN COMMERCIAL IP SUIT NO. 424 OF 2017 WITH COMMERCIAL IP SUIT NO. 416 OF 2017 WITH COMMERCIAL IP SUIT NO. 381 OF 2017 WITH IN PERSON APPLICATION NO. 6 OF 2017 IN COMMERCIAL IP SUIT NO. 381 OF 2017

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Mr. Ketan Parekh, i/by. K. R. Parekh & Co. for plaintiff in all matters.

Mr. Janaksinh Jhala a/w. Mr. Dhiren Karani, i/by. Khaitan and Co. for defendant in Suit/501/2016 and COMIP/153/2018 and for counter claimant in CC/12/2019.

Ms. Suvarna Joshi for defendants in COMIP/234/2017.

Ms. Niharika Singh, i/by. Mr. Nirav Shah for defendant Nos.1, 2 and 4 in COMIP/354/2017.

Ms. Krusha Maheshwari, i/by. Nilesh Parekh for defendants in COMIP/348/2017, COMIP/485/2018 and COMIP/865/2019.

Mr. Piyush Shah a/w. Mr. Jay Vora for defendants in COMIP/356 and 381/2017.

Mr. Jay Chheda, i/by. Daswaney for defendant in COMIP/360/2017.

Mr. Akshay Kapadia a/w. Mahua Roy Chowdhury and Mr. Vidit Desai, i/by. Royzz & Co. for defendant in COMIP/379/2017.

Mr. Akshay, i/by. I. V. Merchant & Co. for defendant in COMIP/394 and 411/2017.

Mr. Karan Gajra, i/by. Desai Legal for defendant Nos.1 to 3 in COMIP/416/2017.

Ms. Rinku Gajria, i/by. Gajria & Co. for defendant in COMIP/424/2017.

Mr. Janaksinh Jhala a/w. Mr. Dhiren Karania, i/by. Khaitan and Co. for defendant in COMIP/56/2018.

Mr. Minesh Andharia and Mr. Jay Shah, i/by. Krishna & Saurastri Associates LLP for defendant in COMIP/137/2018 and for counter claimant in CC No.13/2019.

Mr. Shashwat Rai, i/by. Keystone Partners for defendant in COMIP/887/2017 and COMIP/316/2018.

Mr. Aakash Joshi, i/by. Mag Legal for defendant in COMIP/297/2018.

Mr. Meit Sampat, i/by. Little & Co. for defendant in COMIP/1193/2018.

Mr. Amey Mirajkar, i/by. AZB & Partners for defendant in COMIP/1442/2018.

Mr. Atmaram Patade a/w. Mr. Mohini Thorat, Mr. Pranav Manjrekar and Mr.Suraj Naik, i/by. Atmaram Patade for defendant in COMIP/43/2019.

Mr. Rutwik Rao for defendants in COMIP/561/2019.

Ms. Arushi Kaulaskar, i/by. Krishnamurthy & Co. for defendant in COMIP/44/2019.

Mr. N. N. Gawde, i/by. Sanjay Udeshi & Co for defendant in COMIP/48/2019.

Ms. Amruta Thakur, i/by. W. S. Kane & Co. for defendant in COMIP/577/2019.

Ms. Mansi Patel for defendant in COMIP/606/2019.

CORAM : MANISH PITALE, J DATE : 31st MARCH, 2023

P.C. :

. This Court is informed that except Suit No.501/2016, in all other suits, the written statements have been filed. All these suits are filed by the same plaintiff and the learned counsel for the plaintiff submits that insofar as the plaintiff is concerned, the draft issues would be the same for all the suits. The defendants may have their own defences in each of the suits.

2. Therefore, the learned counsel for the parties in these suits shall prepare draft issues, to be kept ready for consideration of this Court on the next date of listing.

3. List the suits for further consideration on 23rd June, 2023.

4. It was claimed that although direction was given in the order dated 15th February, 2023, for listing Commercial IP Suit No.887/2017 for directions, alongwith the present group of matters, the same is not shown on board today. But, it is found listed on board today.

5. This Court is informed that one of the defendants has taken out Chamber Summons No.843/2018 in Commercial IP Suit No.887/2017, for being deleted from the array of defendants.

6. It is directed that the said Chamber Summons along with Commercial IP Suit No.887/2017, shall also be listed on 23rd June, 2023.

(MANISH PITALE, J)

Priya Kambli

PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date: 2023.04.06 10:38:48 +0530