Single judge order confirming a prior ad-interim order in a passing-off suit due to respondent's default and granting additional interim relief. Case disposed of without costs.
Confirmation of prior interim order as final; grant of interim relief on cause of action in passing off; interim order in terms of prayer clause (b).
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905-NMCDL63-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION NO. 63 OF 2016
IN
COMMERCIAL SUIT NO. 65 OF 2016
Ultratech Cement Limited & Another…Plaintiffs
Versus
Shiv Cement Company…Defendant
Ms. Alka Parelkar, with Ms. Esha Trivedi, i/b V.A. Associates, for the
Plaintiffs.
Mr. M.S. Deshmukh, Court Receiver, present.
Mr. Ajay Malvankar, Section Officer, Office of Court Receiver,
present.
CORAM: G.S. PATEL, J DATED: 30th August 2016
PC:-
1.There was an ad-interim order dated 1st August 2016. The
Court Receiver was appointed. He has made a Report. There is also
an Affidavit of compliance by the 1st Plaintiff. It is taken on record.
The Court Receiver reports that several items with the offending
mark were found and sealed by the Court Receiver.
2. The Defendants have been served. None appears.
Page 1 of 2
30th August 2016
905-NMCDL63-16.DOC
3.Now that leave has been granted by a separate order passed
today, the Plaintiffs will be entitled to the interim relief on the cause
of action in passing off as well.
4.There being no reply to the Notice of Motion, for the reasons
set out in the order dated 1st August 2016, that order is confirmed
as a final order on this Notice of Motion. In addition, there will be
an interim order in terms of prayer clause (b) of this Notice of
Motion.
5.The Notice of Motion is disposed of in these terms with no
order as to costs.
(G. S. PATEL, J.)
Page 2 of 2
30th August 2016
Ultratech Cement Limited & Another
Shiv Cement Company
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court