Shrikant Bhaskar Vaidya v. Vinayak Chindambar Kulkarni

Shrikant Bhaskar Vaidya .. Plaintiff Versus Vinayak Chindambar Kulkarni .. Defendant Mr.R.S.Apte, Senior Advocate i/b.M.B.Deshmukh for plaintiff Mr.Amit Jamsandekar i/b. A.Mahadgut for defendant Nos. 1 to 3 Ms.Sheetal Mhatre for defendant Nos. 5 and 6 CORAM : S.C.DHARMADHIKARI, J. DATE : 25th August 2009. P.C.: 1] Heard Mr.Apte, learned Senior Counsel for plaintiffs. This suit was initially filed as Special Civil Suit No.1 of 2007 in the District Court Sangli. 2] It appears that thereafter an order came to be passed on 31st July 2008 by the Dist. Judge II, Sangli under which this suit along with the Counter claim came to be transferred to this Court. However, the order erroneously records that the suit is disposed 2 of. 3] It is not disputed before me that during the pendency of this suit at Sangli, there was no interim order in favour of plaintiff. The plaintiff desires to apply for appropriate interim reliefs. However, when the attention of plaintiff was invited to certain provisions of the Patents Act 1970 as amended by Act 15 of 2005, he states that he would like to take instructions and incorporate additional averments in the plaint so also bring on record further documents. 4] In the light of this, it is directed that this notice of motion stands disposed of but with liberty to apply for such interim reliefs as are permissible in law, after the plaint is amended. All contentions of both sides are kept open. No opinion is expressed on the same at this stage.

(S.C.DHARMADHIKARI, J)