By consent of parties, leave petition is allowed and the Plaintiff is permitted to combine the cause of action of passing off with that of infringement. Learned Counsel for the Defendant states that the Defendant submits to a decree in terms of prayer clauses (a) and (b) of the plaint. Mr Sureshkumar Rajwani, who is a constituted attorney of Manish Rajwani, proprietor of the Defendant, is present in court and tenders the original power of attorney executed by Manish Rajwani in his favour. The power of attorney is taken on record and marked “X” for identification. There shall be a decree on admission in terms of prayer clauses (a) and (b) of the plaint. Learned Counsel for the Plaintiff does not press prayer clauses (c) and (d). Learned Counsel for the Defendant, on instructions of the constituted attorney of the proprietor, states that the Defendant shall remove the sign board 'Me N Mums' from his outlets and also destroy all labels, wrappers, cartons and other materials containing the mark “Me N Mums” within a period of 15 days from today. The statement is accepted. The suit is disposed of accordingly. There shall be no order as to costs. Refund of court fees in
