During a notice of motion in a civil suit, the court accepted statements by the defendant that it had no business activity and the plaintiff did not press for any further relief. The notice of motion was consequently disposed of without an order as to costs.
No order as to costs. Notice of motion disposed of.
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908-NMS194-15.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 194 OF 2015
IN
SUIT NO. 119 OF 2015
Hawa Valves (India) Private Limited…Plaintiff
Versus
Hawa Sheraton Private Limited…Defendant
Mr. Ajit Anekar, with Mr. Thomas James, i/b M/s. Auris Legal, for
the Plaintiff.
Ms. Suvarna Joshi, for the Defendant.
CORAM: G.S. PATEL, J DATED: 1st April 2016
PC:-
1.Mr. Anekar points out that in paragraphs 7(a), 7(c) and 7(e) of
the Written Statement, the Defendant has made following
statements:
“(a) The Defendant is now no longer dealing in any business or trade and no transaction ever took place in this Company. The Gothi family who owns the business, are worshippers of Mother Earth and based on family belief and from religious aspect, one of the elements,
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908-NMS194-15.DOC
Hawa which means Wind or Air, has been chosen as a name for business and prosperity.
(c) It is pertinent to mention here that there is no transaction done in the name of Defendant Company. The Defendant applied for registration of Trade Mark “Hawa Shereton” in November, 2010 and the registration in Class 37 under No. 2047727 been granted in July, 2012. Colour copy of Registration Certificate alongwith Logo is annexed herewith as Exhibit A-A1 . Mere perusal of registration certificate of the Plaintiff clearly shows that the certificate is granted in July and September, 2014. Thus the Defendant’s registration is prior in time. Moreover, the Defendant does not indent to carry out any further activities.
(e) The Defendant has not carried out trade or business.”
2.Mr. Anekar submits that on these statements being accepted,
no further reliefs are necessary on the Plaintiff’s Notice of Motion.
The learned Advocate for the Defendant is in agreement.
Accordingly, the statements made in the foregoing paragraphs are
accepted. In view thereof, Mr. Anekar does not press for reliefs in
the Notice of Motion, which is disposed of with the foregoing
observations. There will be no order as to costs.
(G. S. PATEL, J.)
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G. S. PATEL
As recorded by the court registry
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