M/S. Metro Shoes Ltd. And Rafique Abdul Malik Malik v. Maheshkumar Vishnumal Batra Prop Of Metro Sandal

918-S622-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 622 OF 2016 WITH NOTICE OF MOTION NO. 1998 OF 2016 Metro Shoes Ltd. & Rafique Abdul Mailk Mali ...Plaintiffs

Versus

Maheshkukmar Vishnumal Batra Prop of Metro Sandal ...Defendant Mr. Amit Jamsandekar, i/b P. N. Shah, for the Plaintiffs. CORAM: G.S. PATEL, J DATED:

22nd September 2016 PC:- 1.

Mr. Jamsandekar has instructions to withdraw the Suit since the Defendant has ceased infringing use of the mark and since the Defendant now uses another mark.

2.

The Suit is dismissed as withdrawn. Refund of Court fees in accordance with the Rules.

3.

The Notice of Motion is infructuous and does not survive. 22nd September 2016

918-S622-16.DOC 4.

It is clarified that should the Defendant hereafter resume infringing use of the mark METRO SHOES, Mr. Jamsandekar will be entitled to either file a fresh suit or apply for the revival of the present Suit and thereupon for a decree against the Defendant. 5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 22nd September 2016