M/S Ishwar Bhuvan Refreshments Annexe and Anr. Vs M/S Rajdhani and Ors.

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S 1337 of 2005

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IN THE HIGH COURT OF JUDICTURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO.1337 OF 2005

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WITH

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CHAMBER SUMMONS (L) NO.538 OF 2013

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M/s. Ishwar Bhuvan Refreshments Annexe .....Plaintiff Versus M/s. Rajdhani and Ors. .....Defendants

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Ms. Pooja Kshirsagar i/by M/s. Shantilal and Co., for Plaintiff. Mr. Mangal Anjaria, for Defendant No.2 present. Mr. Dhiresh Momaya, for Defendant No.3 present.

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Ms. Prachi Pawar i/by M/s. Niranjan and Co., for Defendants.

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CORAM: S.J.KATHAWALLA, J.

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DATE: 3 rd MAY 2013

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P.C. :

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Heard the learned Advocate for the Plaintiff. The Defendant Nos.2 and 3, the only partners of Defendant No.1 are present in Court. They submit that they are not interested in using the mark/name 'Rajdhani' as their business name or part thereof and are also not interested in using the said mark/name 'Rajdhani' or any other deceptively similar mark/name for their restaurant business and/or any other business in future. They are willing to submit to a decree as prayed, provided the Plaintiff's gives up costs and damages. In view thereof, the following order is passed by consent of the parties :

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ssp

S 1337 of 2005

(i) The Chamber Summons (L) No.538 of 2013 is allowed as prayed.

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Amendment to be carried out on or before 04-05-2013. The Chamber Summons is accordingly disposed of.

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(ii) The Suit is decreed in terms of prayer clauses (a) and (a-1).

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(iii) The Plaintiffs are not pressing for any costs and/or damages against the Defendants.

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The Suit is accordingly disposed of. Refund of Court Fess, if

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any, as per rules.

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( S.J.KATHAWALLA, J. )

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M/S Ishwar Bhuvan Refreshments Annexe and Anr. v. M/S Rajdhani and Ors.

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M/S Ishwar Bhuvan Refreshments Annexe and Anr. v. M/S Rajdhani and Ors.

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