M/S. Metro Shoes Ltd. v. Metro Footwear And Bag

Nitin 1 / 2 912-NMSL-1493-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURSIDICTION NOTICE OF MOTION (L) NO. 1493 OF 2015 IN SUIT (L) NO. 555 OF 2015 M/s. Metro Shoes Limited ...

Applicant / Plaintiff

Versus

Metro Footwear and Bag ...

Defendant Mr.Amit Jamsandekar i/b. Piyush Shah for the Applicant / Plaintiff. None for the Defendant.

CORAM : S.J. KATHAWALLA, J.

DATED : 30 TH JUNE, 2015 P.C.

1.

Heard the learned Advocate appearing for the Applicant / Plaintiff. Perused the letter dated 9th June, 2015 received by the Applicant / Plaintiff from the Defendant, which reads thus : "We received a notice from you we are already decided to change our shop name. We are going to change the name of METRO. But we can't change the name immediately the reason is some practical problem and the name board is make with acroline material its little difficult to remove immediately that is why humbly request you to give the one month maximum time to clear the issue".

Nitin 2 / 2 912-NMSL-1493-2015 2.

In view thereof, the above Notice of Motion is allowed in terms of prayer clauses (a), (b) and (c). However, it is clarified that the said order shall come into force on and after 14th July, 2015 i.e. only if the Defendant fails to change their name as promised / agreed by their letter dated 9th June, 2015.

3.

Plaintiff to remove the office objections in the above Suit on or before the adjourned date.

4.

The Notice of Motion is accordingly disposed of. Liberty to apply. 5.

Place the Suit for directions on 15th July, 2015. (S.J. KATHAWALLA, J.)