At, Supreme Court of India
By, THE HONOURABLE CHIEF JUSTICE MR. R.M. LODHA & THE HONOURABLE MR. JUSTICE RANJAN GOGOI & THE HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH
For the Petitioner: Firdouse Qutbwani, Zaryab Rizvi, Kaushik Poddar, AOR, C. Mukund, Ekta Bhasin, Abhilash Attri, Advocates. For the Respondents: -----
Permission to file the special leave petition is granted.
After taking us through the impugned order of the High Court, learned counsel appearing for the petitioner has brought to our notice that the petitioner was not a party to the impugned proceedings before the High Court and no notice was given to the petitioner before passing the said order.
On going through the impugned order of the High Court, the above statement is found to be true. Instead of going further into the matter, we suspend the operation of the impugned order for a period of four weeks from today. The petitioner is permitted to file an application for impleading themselves as a party in the said proceedings on the re-opening date, namely, 27th January, 2014. On such petition being filed, we request the High Court to go into the plea of the petitioner and pass appropriate order after affording opportunity to all the parties. We have not expressed any opinion on the merits of the claim of the petitioner. It is made clear that by virtue of this order the petitioner is not permitted to sell their products, which are the subject matter of t
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he dispute, pending before the High Court. With the above direction, the special leave petition is disposed of.