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Bombay High CourtCOMIP/804/2018withdrawn

Ceat Limited v. Ahad Sports

2021-03-17Hon'Ble Shri Justice S.J. Kathawalla2 pages

1/2 37 NMCD 1531-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION NO. 1531 OF 2018 IN COMMERCIAL IP SUIT NO. 804 OF 2018 Ceat Limited ....Applicant In The Matter Between Ceat Limited ....Plaintiff V/s M/s. Ahad Sports ....Defendant ---- Mr. Hiren Kamod a/w Ms. Viveka Truman and Mr. Navankur Pathak i/b Parul Sharma, ANM Global Inc. for Applicant/Plaintiff. None for Defendant.

---- CORAM : K.R.SHRIRAM, J.

DATED : 17th MARCH 2021.

P.C. :

1.

At the outset Mr. Kamod states that M/s. ANM Global Inc., will be filing vakalatnama for plaintiff within one week from today. 2.

Mr. Kamod states that when the Court Receiver went to serve the order dated 21/03/2018 at the address given in the cause title which is the last known address of defendant, there was no entity available at the address of defendant. Mr. Kamod states that plaintiff has thereafter not come across any infringing product made by defendant. Therefore, Purti Parab

2/2 37 NMCD 1531-2018.doc Mr.Kamod seeks leave to withdraw the suit with liberty to approach the court if plaintiff come across defendant infringing plaintiff's trade mark and logo.

3.

Suit dismissed as withdrawn.

4.

As regards liberty prayed for that will certainly be a fresh cause of action and plaintiff may approach the court for such reliefs as advised. 5.

Notice of Motion No.1531 of 2018 is also accordingly dismissed.

(K.R. SHRIRAM, J.) Purti Parab