Cargill India Pvt. Ltd. v. M/S. M M Oil Enterprises

927-NMSL633-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 633 OF 2017 IN SUIT (L) NO. 185 OF 2017 Cargill India Pvt Ltd ...Plaintiffs

Versus

MM Oil Enterprises ...Defendants Ms Neha Sonawane, i/b Anand & Anand, for the Plaintiffs.

Mrs SV Golatkar, Section Officer from the Office of the Court Receiver, is present.

CORAM: G.S. PATEL, J DATED:

12th April 2017 PC:- 1.

Copies of the Notice of Motion and plaint are served. None appears for the Defendants despite service. An Affidavit of Service is filed.

2.

For the reasons set out in the ad-interim order dated 23rd March 2017, it is confirmed as the final order on this Notice of Motion. In addition, there will be an interim order in terms of prayer clause (b) of the Notice of Motion in respect of the relief in passing off.

12th April 2017

927-NMSL633-17.DOC 3.

The Notice of Motion is made absolute in these terms with costs. In addition, the Plaintiffs will be entitled to recover the actual costs of this Notice of Motion at the final hearing of the Suit. 4.

It is noted that the Court Receiver appointed under the adinterim order has made an inventory and sealed certain goods with the offending mark.

5.

The Notice of Motion is disposed of in these terms. (G. S. PATEL, J.) 12th April 2017