Ultratech Cement Limited And ANR v. Shree Ghantakarna Mahavir Cement Pvt. Ltd

Nitin 1 / 2 907-LPETN-130-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 130 OF 2015 IN SUIT (L) NO. 610 OF 2015 Ultratech Cement Limited & Anr.

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Petitioners

Versus

Shree Ghantakarna Mahavir Cement Pvt. Ltd.

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Respondent ALONG WITH NOTICE OF MOTION (L) NO. 1614 OF 2015 IN SUIT (L) NO. 610 OF 2015 Ultratech Cement Limited & Anr.

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Applicants / Plaintiffs

Versus

Shree Ghantakarna Mahavir Cement Pvt. Ltd.

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Defendant Dr.V.V. Tulzapurkar, Sr.Adv. a/w. Mr. Amit Jamsandekar i/b. V.A. Associates for the Petitioners / Applicants / Plaintiffs. Mr. Ketan R. Parekh i/b. Ms. Kunjal Sanghavi for the Respondent / Defendant.

CORAM : S.J. KATHAWALLA, J.

DATED : 14 TH JULY, 2015 P.C.:

1.

The undertaking given by the Advocate for the Respondent / Defendant to file his Vakalatnama on or before 15th July, 2015 is accepted. 2.

Leave under Clause XIV of the Letters of Patent is granted against

Nitin 2 / 2 907-LPETN-130-2015 the Respondent to join the cause of action in respect of the act of passing off committed by the Respondent with the cause of action for infringement of registered trademarks.

3.

The learned Advocate appearing for the Respondent / Defendant states that he has instructions that the matter by and between the parties can be amicably settled. In view thereof, stand over to 20th July, 2015. 4.

However, the order passed by this Court dated 25th June, 2015 shall continue until further orders.

(S.J. KATHAWALLA, J.)