appeal from order no. 83 of 2012

8/2/2019 Appeal From Order No. 83 of 2012

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AO/83/2012 3/3 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

APPEAL FROM ORDER No. 83 of 2012

With

CIVIL APPLICATION No. 2796 of 2012

In

APPEAL FROM ORDER No. 83 of 2012

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

UNIVERSAL SKIN IMPLEX PVT LTD - Appellant(s)

Versus

G M BELL HEALTH CARE PVT LTD - Respondent(s)

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

Appearance :MR SN SOPARKAR, SR. ADV. with MR ARPIT A KAPADIA for Appellant(s) : 1,None for Respondent(s) : 1,=================================================

CORAM :HONOURABLE MS JUSTICE SONIA GOKANI

Date : 07/03/2012

ORAL ORDER

1. Heard the learned Senior Advocate Mr. S.N. Soparkar and perused the record with his

assistance. It is submitted that the trial Court granted ad interim exparte injunction in

RCS No. 2 of 2012 relying essentially on the order passed in R.C.S. No.29 of 2008

against the then defendant Universal Farma restraining it from using and committing the


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act of passing off of the plaintiff's trade mark in the name of 'Colbet-GM', 'Fungdid-B'

and 'ENAC-GEL' till the final disposal of the suit and said order of injunction was stayed

by this Court (Coram:M.D.Shah, J. ), initially on dated 26.11.2010 in Appeal From Order

No. 348 of 2010 and the same was extended upto 8.12.2010. Thereafter with the consent

of both the sides, on 8.2.2011, the same was confirmed till the hearing of Appeal from

Order No.348 of 2010 at the request of learned advocates of both the sides and the

Appeal from Order dated 348 of 2010 was directed to be placed on Board for final

hearing on 26.4.2011. However, as mentioned by the learned counsel, the said hearing

has not taken place till date.

2. In other words, the order of injunction granted in earlier civil suit, and solely depended

upon by the Court while granting ex parte ad interim relief, has been stayed by this Court

from 26.11.2010. It is further pointed out that there does not appear to be any other

reason given by the Court while granting such relief in favour of the respondent original

plaintiff.

3. Provision of order 39 Rule 3 of the Code of Civil Procedure as also the well laid down

principle of the Supreme Court as enunciated in the judgment of the Supreme Court in

the case ofShivkumar Chadda vs. Municipal Corporation of Delhi reported in 1993

G.L.H. 778, make it incumbent upon the Court to record the reasons before such order is

passed. Again, while exercising extraordinary powers vested in the Court before grant of

such exparte injunction before issuance of notice, the Court must note reasons that delay

would defeat the very purpose of grant of such stay. This case since is covered by the


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judgment rendered in case ofPatel Jasmat Sangaji vs. The Gujarat Electricity Board

and others reported in 1982 G.L.H.463, this Court requires to stay the operation of the

impugned order dated 1.3.2012, till the next date.

4. Notice is made returnable on 9.3.2012.

Direct service permitted today.

(Ms. Sonia Gokani, J. )

sudhir


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HIGH COURT OF GUJARAT, AHMEDABAD Print

APPEAL FROM ORDER No.83 of 2012

Status : DISPOSED CCIN No:-001001201200083

S.NoName of the Petitioner

1.1.0 UNIVERSAL SKIN IMPLEX PVT LTD

Advocate On Record

*MR ARPIT A KAPADIA:

For Petitioners=>1

S.NoName of the Respondents

1.1.0 G M BELL HEALTH CARE PVT LTD

Advocate On Record

*MR FB BRAHMBHATT:

For Respondents=>1

Registered On : 06/03/2012 Filling Date : 06/03/2012Bench Category : SINGLE BENCH District : AHMEDABAD

Origin Code : ADVOCATELast Listing

Date

: 09/03/2012 (Listed :1

times)

Disposal

Date: 09/03/2012

-

Court

No

: 21Decided By MS JUSTICE SONIA GOKANI

OfficeObjection :

WHETHER COPIES ARE LEGIBLE AND WHETHER TYPEDCOPIES OF HAND WRITTEN ANNEXURES FILED ?

Not Before - ***Not Available***

Classification: CIVIL PROCEDURE CODE, 1908

FIRST APPEALS FROM ORDER

Lower Case Details

S.NoCase

DetailsLower Court Jud. Date

FIR

NoFIR

DatePoliceStation

1 RCS/2/2012

DISTRICT COURT,

AHMEDABAD CITY,AHMEDABAD CITY

01/03/2012 0 - -

Court Fee Details

S.No Filed On Document Type Ct. Fee Advocate Name

1 06/03/2012 MEMO OF PETITION 10 MR ARPIT A KAPADIA

2 06/03/2012 VAKALATNAMA 5 MR ARPIT A KAPADIA


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3 06/03/2012 OLR 2 MR ARPIT A KAPADIA

Connected Matters - ***Not Available***

Application Matters

S.No

Case Details

Status

Disposal Date/Next Date

Judge

1 CA/2796/2012 DISPOSED 09/03/2012 SGG,J

Order Details

Order Passed In Order Date Judgement/Order Coram

./showoj.jsp?sidAO/83/2012 07/03/2012 ORDER SGG,J

Certified Copy Application Details - ***Not Available***

appeal from order no. 83 of 2012

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