Atomberg Technologies Private Limited vs Stove Kraft Limited

Judgment text excerpt

28-IAL-22154-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY rrpillai ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 22154 OF 2025 IN COMMERCIAL (IP) SUIT NO. 22108 OF 2025 Atomberg Technologies Private Limited … Applicant/Plaintiff vs. Stove Kraft Limited … Defendant Dr. Veerendra Tulzapurkar, Senior Advocate a/w. Mr. Hiren Kamod, Mr. Vaibhav Keni, Mr. Prem Khullar, Ms. Neha Iyer and Ms. Vatsala Batra i/b. Legasis Partners for the Plaintiff. Mr. Venkatesh Dhond a/w. Mr. Akshay Patil, Mr. Akshay Kamble, Ms. Neha Patil, Ms. Trupti Poojari and Ms. Siddhi Kolap i/b. Vivaka Partners for the Defendant. CORAM : GAURI GODSE, J. DATED : 15th DECEMBER 2025 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 24 th July 2025, an ex parte interim relief is granted. The defendant Digitally signed has presented an affidavit-in-reply dated 28th August 2025. by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI 1/11 PILLAI Date: 2025.12.22 17:20:18 +0530 28-IAL-22154-2025.doc 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 Others1. He submits that this court has taken a view that, considering the provisions of Order XI Rule 1(1) (c) (ii