Ultratech Cement Limited And ANR v. Shiv Gement Co.

905-NMCDL63-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION NO. 63 OF 2016 IN COMMERCIAL SUIT NO. 65 OF 2016 Ultratech Cement Limited & Another ...Plaintiffs

Versus

Shiv Cement Company ...Defendant Ms. Alka Parelkar, with Ms. Esha Trivedi, i/b V.A.

Associates, for the Plaintiffs.

Mr. M.S. Deshmukh, Court Receiver, present.

Mr. Ajay Malvankar, Section Officer, Office of Court Receiver, present.

CORAM: G.S. PATEL, J DATED:

30th August 2016 PC:- 1.

There was an ad-interim order dated 1st August 2016. The Court Receiver was appointed. He has made a Report. There is also an Affidavit of compliance by the 1st Plaintiff. It is taken on record. The Court Receiver reports that several items with the offending mark were found and sealed by the Court Receiver. 2.

The Defendants have been served. None appears. 30th August 2016

905-NMCDL63-16.DOC 3.

Now that leave has been granted by a separate order passed today, the Plaintiffs will be entitled to the interim relief on the cause of action in passing off as well.

4.

There being no reply to the Notice of Motion, for the reasons set out in the order dated 1st August 2016, that order is confirmed as a final order on this Notice of Motion. In addition, there will be an interim order in terms of prayer clause (b) of this Notice of Motion.

5.

The Notice of Motion is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 30th August 2016