INTERNATIONAL TRADING COversusSANDEEP D GALA

                                                 7-IA-1912-2026.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION
            INTERIM APPLICATION NO.1912 OF 2026
                               IN
             COMMERCIAL IP (L) NO.42729 OF 2025
International Trading Co.                        …Applicant
IN THE MATTER BETWEEN:
Sandeep D. Gala                                  …Applicant/
                                                  Plaintiff
      Versus
International Trading Co.                        …Respondent/
                                                  Defendant

                              WITH
          INTERIM APPLICATION (L) NO.42857 OF 2025
                               IN
             COMMERCIAL IP (L) NO.42729 OF 2025

Sandeep D. Gala                                  …Applicant/
                                                  Plaintiff
      Versus
International Trading Co.                        …Respondent/
                                                  Defendant


Mr. Hiren Kamod a/w. Mr. B. N. Poojari, Mr. Rahul Poojari and Ms.
Nidhi Bangera i/b. Asian Patent Law, for the Plaintiffs.
Mr. Shilpan Gaonkar a/w. Mr. Parag More, Mr. Shekhar Mane and
Mr. Prabhakar M. Jadhav, for the Applicant in IA/1912/2026.
Ms. Nandini Deshpande, 1st Assistant to the Court Receiver, High
Court, Bombay, present in Court.


                    CORAM:      MADHAV J. JAMDAR, J.
                    DATED :     19th AUGUST 2026
PC:-




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INTERIM APPLICATION NO.1912 OF 2026:



1.       This Interim Application is filed by the Applicant under

Order XXXIX Rule 3A and 4 read with Section 151 of the Code of

Civil Procedure, 1908, seeking to vacate the ex-parte ad-interim

order dated 21st January 2026 passed by a learned Single Judge in

Interim Application (L) No.42857 of 2025 in Commercial IP Suit

(L) No.42729 of 2025.



2.       Mr. Hiren Kamod, learned Counsel appearing for the Plaintiff

submits that the Plaintiff has no objection for setting aside the said

order dated 21st January 2026. He submits that however, by setting

aside the said order, Interim Application (L) No.42857 of 2025 be

heard afresh as the said order was passed ex-parte. However, he

submits that the same be done expeditiously.



3.       Mr. Gaonkar, learned Counsel appearing for the Applicant

i.e. original Defendant, on instructions, submits that the Defendant

has no objection for the said course of action.




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4.       Accordingly, by consent of the parties, Interim Application

No.1912 of 2026 is allowed in the following terms:



          i.   Order dated 21st January 2026 passed by the

          learned Single Judge in Interim Application (L)

          No.42857 of 2025 in Commercial IP Suit (L)

          No.42729 of 2025 is quashed and set aside.



5.       It is clarified that all contentions are expressly kept open.



6.       Interim Application No.1912 of 2026 is disposed of in above

terms.



INTERIM APPLICATION (L) NO.42857 OF 2025:



7.       The Defendant has filed affidavit in reply and the Plaintiff

has also filed rejoinder. However, Mr. Gaonkar, learned Counsel

appearing for the Defendant seeks time to file additional affidavit.

Let such additional affidavit be filed on or before 31 st August 2026.

Rejoinder, if any, be filed on or before 7th September 2026.



8.       Stand over to 10th September 2026 at 03:00 p.m..




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           COURT RECEIVER REPORT NO.71 OF 2026:



           9.       As the order dated 21st January 2026 is set aside by which

           the Court Receiver was appointed, the Court Receiver, High Court,

           Bombay/Additional Special Receiver, to handover the goods to the

           Defendant immediately within a period of one week from today.



           10.      Court Receiver Report No.71 of 2026 stands disposed of in

           terms of prayer clause (b). The Court Receiver is discharged

           without passing of accounts, subject to payment of costs, charges

           and expenses to be paid within two weeks by the Plaintiff on

           demand being made by the office of the Court Receiver. Cost of this

           report is fixed at Rs.5,000/- and the Court Receiver is permitted to

           recover the same from the balance available in the Suit account.




                                                     [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.08.24
       14:51:13
       +0530




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