Smithkline Beecham Plc. And 2 ORS. v. Taj Pharmaceuticals Ltd.

27.nms.691.2010.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 691 OF 2010 IN SUIT NO. 605 OF 2010 Smithkine Beecham PLC & Ors.

...Plaintiffs vs TAJ Pharmaceuticals Ltd.

...Defendant .....

Mr Rashmin Khandekar a/w Ms Deepa Hati & Mr R. Gajria i/b Gajria & Co. for the Plaintiffs None for the Defendant.

.....

CORAM : S.C. GUPTE, J.

JANUARY 05, 2016 P.C. :

The Notice of Motion appeared on board on 23 November 2015, when none appeared for the Defendant. The Motion was listed for confirmation of ad-interim order dated 19 April 2010. The Motion was stood over to 7 December 2015 for hearing. Even today none appears for the Defendant. An ad-interim order dated 19 April 2010 was passed in the absence of the Defendant, recording this Court's satisfaction that a prima facie case was made out for grant of reliefs in terms of prayer clauses (a) to (d) to the Notice of Motion. After passing of the order, no reply is filed by the Defendant. In the premises, the Notice of Motion is made absolute in terms of prayer clauses (a) to (d). There shall be no order as to costs. It is clarified that the reference to trademark "ZANTAC" registered under No.382567 shall stand omitted from prayer clause (a). The suit, already, transferred to the list of undefended suit, accordingly to appear on board on 4 February 2016.

( S.C.GUPTE J. ) Pg 1 of 2

27.nms.691.2010.doc CERTIFICATE Certified to be true and correct copy of the original signed Judgment/ Order.

Pg 2 of 2