Ultratech Cement Ltd And ANR v. Ultratech Solar Technologies Pvt Ltd And ANR

923-LPETN189-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 189 OF 2015 IN SUIT (L) NO. 849 OF 2015 Ultratech Cement Limited & Anr.

...Plaintiffs

Versus

Ultratech Solar Technologies Pvt. Ltd. & Anr. ...Defendants Dr. V. Tulzapurkar, Senior Advocate, with Mrs. Vengurlekar, i/b M/s. V.A.

Associates, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

28th September 2015 PC:- 1.

The Affidavit of Service tendered is taken on file. 2.

The Petition is for leave under Clause XIV of the Letters Patent to combine a cause of action in passing of with the cause of action in trademark infringement.

3.

The Plaintiffs/Petitioners have set out that while this Court has jurisdiction in view of Section 134 of the Trade Marks Act, 1999, leave is required in respect of the cause of action in passing of.

923-LPETN189-15.DOC The Respondents/Defendants carry on business outside Mumbai. It is for this reason that leave is required. This is also necessary to prevent multiplicity of proceedings.

4.

The Petition is made absolute in terms of prayer clause (a). (G. S. PATEL, J.) CERTIFICATE "Certified to be a true and correct copy of the original signed Judgment/Order. "