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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Atomberg Technologies Private Limited – Appellant
Versus
Stove Kraft Limited – Respondent
| Table of Content |
|---|
| 1. application for interim relief filed. (Para 1) |
| 2. arguments on the necessity of a rejoinder. (Para 2 , 3 , 4 , 5 , 6) |
| 3. procedure and obligations under cpc rules. (Para 7 , 9 , 10 , 11 , 12 , 13) |
| 4. no reasonable cause shown for leave. (Para 8 , 14) |
| 5. schedule for future hearings. (Para 15 , 16 , 18 , 19) |
ORDER :
1. This application is filed under Order XXXIX Rule 1 read with Order XL Rule 1 of the Code of Civil Procedure, 1908 (“CPC”) for interim relief pending the suit. By order dated 24th July 2025, an ex parte interim relief is granted. The defendant has presented an affidavit-in-reply dated 28th August 2025.
2. Learned senior counsel for the plaintiff seeks leave to file an affidavit-in-rejoinder. He submits that in view of the case set up by the defendant in paragraph 47 of the affidavit-in-reply, the plaintiff would be entitled to file an affidavit-in-rejoinder and produce on record additional documents and also deal with the overall pleadings in the affidavit-in-reply.
3. Learned senior counsel for the plaintiff relies upon the decision of this court in the case of Sony Music Entertainment Private Limited vs. Ilaiyaraaja Music N. Management Private Limited and
The court ruled that leave to file an affidavit-in-rejoinder requires a reasonable cause, which was not established, emphasizing adherence to procedural rules to ensure timely resolution in commercia....
A rejoinder can be filed at any stage of proceedings under Order VIII Rule 9 of CPC without a specified limitation, and mere delay is not sufficient to justify denial if it does not prejudice the opp....
The case emphasizes the need for expeditious proceedings while ensuring the balance of procedural rules in the context of filing pleadings in a civil suit.
The interpretation of Order VIII Rule 9 of the CPC affirms the plaintiff's right to file a rejoinder to a written statement, ensuring fair opportunity to respond to the defendant's claims.
The main legal point established in the judgment is that subsequent pleadings, such as a rejoinder, should only be filed in exceptional circumstances and when required by law. Mere denial of the defe....
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
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