B4u Television Network India Ltd. And ANR v. Bhavishya Broadcasting Limited And ANR

274-NMSL1597-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 1597 OF 2016 IN SUIT (L) NO. 549 OF 2016 B4U Television Network India Limited & Anr.

...Plaintiffs

Versus

Bhavishya Broadcasting Limited & Another ...Defendants Mr. Rashmin Khandekar, with Ms.

Tanuja Liman, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

28th July 2016 PC:- 1.

Mr. Khandekar points out that an ad-interim order was passed in terms of prayer clause (a) of the Notice of Motion on 13th June 2016 after notice to the Defendants. The Defendants did not appear on that day. The dispute was about the Defendants' use of the mark B4U.

2.

The Defendants have been served before the ad-interim order. Leave under Clause XIV of the Letters Patent has been separately granted today. Since there is no Affidavit in Reply and the Defendants have not entered appearance, the Notice of Motion is made absolute in terms of prayer clauses (a), (b) and (c). 28th July 2016

274-NMSL1597-16.DOC 3.

Prayer clause (c) is directed against the 2nd Defendant, which is a Domain Name Registrar. The 2nd Defendant is directed to act on an authenticated copy of this order and to transfer the domain name www.b4uworldnews.com to the Plaintiffs or their nominees after cancelling the registration thereof in the name of the 1st Defendant.

4.

The Notice of Motion is disposed of in these terms. In addition, at the final hearing of the Suit, the Plaintiffs will be entitled to apply for recovery of the actual costs incurred by them in this Notice of Motion.

(G. S. PATEL, J.) 28th July 2016