Pidilite Industries Limited v. Jyoti Resins And Adhesives Limited

911-SL393-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 393 OF 2016 WITH NOTICE OF MOTION (L) NO. 1204 OF 2016 PIDILITE Industries Limited ...Plaintiff

Versus

Jyoti Resins & Adhesives Limited ...Defendant Mr. V.R. Dhond, Senior Advocate, with Mr. Hiren Kamod, Mr. Vaibhav Keni, Mr. Sumeet Rane & Ms. Garema Srivastav, i/b Legasis Partners, for the Plaintiff.

Mr. Ramesh Gajria, i/b M/s. Gajria & Co., for the Defendant. CORAM: G.S. PATEL, J DATED:

29th April 2016 PC:- 1.

Mr. Gajria appears for the Defendant, on behalf of whom Mr. Utkarsha Patel, a Director, and Mr. Jayesh Raythatha, Regional Sales Manager & Authorized Representative are also present. 2.

On instructions, Mr. Gajria submits to a decree in terms of prayer clauses (a) to (g) of the Plaint. Mr. Dhond for the Plaintiff does not press prayer clauses (h) and (i).

29 April 2016

911-SL393-16.DOC 3.

It is also agreed that the Defendant will have 45 days to dispose of all materials, packaging, labels etc. bearing the impugned marks. The Defendant agrees and undertakes to this Court to do so. That undertaking is accepted as an undertaking to the Court. 4.

In addition, the Defendant agrees and undertakes to withdraw its applications for registration of the trade marks EURO MARINE and EURO D3. This is also accepted as an undertaking to the Court.

5.

The Suit is decreed on the foregoing terms. Drawn up decree dispensed with.

6.

Refund of Court Fee, if any, in accordance with the Rules. 7.

The pending Notice of Motion does not survive and is disposed of as infructuous.

8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 29 April 2016