Darshan Texcoat Industries Pvt. Ltd. v. Naziya Shamshudin Shaikh

7-COMIP72-2021 WITH LPETN92-2020 AND IAL6228-2020.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 72 OF 2021 WITH LEAVE PETITION NO. 92 OF 2020 AND INTERIM APPLICATION (L) NO. 6228 OF 2020 Darshan Texcoat Industries Pvt Ltd ...Plaintif

Versus

Naziya Shamshudin Shaikh ...Defendant Mr VR Dhond, Senior Advocate, with Rashmin Khandekar & Tanuja Liman, i/b Avesh Kayser, for the Plaintiff Mr Bhushan Mandlik, for the Defendantf CORAM: G.S. PATEL, J (Through Video Conferencing) DATED: 8th April 2021 PC:- 1.

Heard through video conferencing.

2.

Since the Defendant is served, the Clause XIV Petition for leave is made absolute.

8th April 2021

7-COMIP72-2021 WITH LPETN92-2020 AND IAL6228-2020.DOC 3.

The parties' Counsels are online. On instructions, the Advocate for the Defendant submits to a decree in terms of prayer clauses (a) to (c) of the plaint. This is noted. 4.

In view thereof, Mr Khandekar does not press the prayer for damages in clause (d).

5.

The Defendants also make a statement that there are no goods or products with the ofending mark. The statement is noted and accepted as undertaking to the Court.

6.

The Suit is decreed accordingly.

7.

Drawn up decree dispensed with.

8.

Refund of the Court fees in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certifcate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. 9.

In view of this, the Interim Application does not survive and is disposed of accordingly.

10. All concerned will act on production of an ordinary copy of this order.

(G. S. PATEL, J) 8th April 2021