Pepsy Fireworks Industries vs. Pespsico Inc
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble Hima Kohli
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed
Listed On:
19 Sept 2022
In:
Judge
Category:
UNKNOWN
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Order Text
ITEM NO.17 COURT NO.2 SECTION IV-B
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).14699/2022
(Arising out of impugned final judgment and order dated 02-05-2022 in FAO-COM No. 7/2022 passed by the High Court of Punjab & Haryana at Chandigarh)
M/S PEPSY FIREWORKS INDUSTRIES Petitioner(s)
VERSUS
PESPSICO INC & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.119296/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 19-09-2022 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE HIMA KOHLI
| For Petitioner(s) | Mr. Sachin Mittal, Adv.<br>Mr. Shivek Rai Kapoor, Adv.<br>Mr. Pulak Gupta, Adv.<br>Mr. Rahul Joshi, AOR |
|---|---|
| For Respondent(s) | Dr. Abhishek Manu Singhvi, Sr. Adv.<br>Mr. V. Giri, Sr. Adv.<br>Mr. Manish Jha, Adv.<br>Mr. Angad Baxi, Adv.<br>Mr. Dheeraj Nair, AOR |
UPON hearing the counsel the Court made the following O R D E R
1 There is a concurrent finding both by the trial Judge and by the High Court on the basis of which an interlocutory injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 has been granted.
2 At this stage, we are not inclined to exercise our jurisdiction under Article 136 of the Constitution to enquire into the above finding of fact. An issue as regards territorial jurisdiction has already been framed by the trial court (Issue No 6). It
needs to be only clarified that the issue shall be decided by the trial court uninfluenced by any observations contained in the impugned order of the High Court.
- 3 Subject to the above clarification, the Special Leave Petition is dismissed.
- 4 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (MONIKA DEY) DEPUTY REGISTRAR COURT MASTER