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2014 Supreme(Bom) 1900

K.U.CHANDIWAL
Kopargaon Sahakari Sakhar Karkhana Ltd. – Appellant
Versus
7 Star Distilleries – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: H.W. Kane, Sr. Counsel, Vaibhav V. Joglekar, Autade, i/b Subodh Shah
For Respondents/Defendant: V.J. Dixit, Sr. Counsel i/b A.N. Nagargoje, R.V. Shah and Sachin Jaiswal

ORDER

K.U. Chandiwal, J.

1. Heard extensively. By this application, the appellant has urged for permitting amendment to the plaint being R.C.S. No. 3/2004 in terms of schedule of amendment annexed as Annexure "C" and expected further consequential order. The appellant has also sought leave to produce Deed of Assignment dated 31.12.2012 including annexures thereto as additional evidence.

2. The appellant, as a plaintiff has questioned judgment and order dated 28.3.2012 of the learned District Judge, Kopargaon dismissing R.C.S. No. 3/2004 filed by the appellant for infringement of copy right in its label "Bhingari Santra". The appellant approached this Court by Civil Application No. 4450 of 2012 in First Appeal No. 734 of 2012 and by order dated 10.5.2013, this Court (Coram: S.V. Gangapurwala, J.) rejected the request of the appellant for temporary injunction, however, the first appeal was to be heard finally in the week commencing from 29.7.2013. In between, feeling aggrieved by the aforesaid order rejecting the injunction, the appellant approached Honourable Supreme Court and by its order dated 26.8.2013 in Special Leave to Appeal (Civil) 25879/2013, Honourable Supreme Court requested

















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