Hawa Valves (India) Private Limited v. Hawa Realty Private Limted

908-NMS196-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 196 OF 2015 IN SUIT NO. 136 OF 2015 Hawa Valves (India) Private Limited ...Plaintiff

Versus

Hawa Realty Private Limited ...Defendant Mr. Ajit Anekar, with Mr.

Thomas James, i/b M/s.

Auris Legal, for the Plaintiff.

Ms. Suvarna Joshi, for the Defendant.

CORAM: G.S. PATEL, J DATED:

1st April 2016 PC:- 1.

Mr. Anekar points out that in paragraphs 7(d), 7(h) and 7(k) of the written statement, the Defendant has made following statements:

"(d) It is pertinent to mention here that there is only ONE property purchased in the name of Defendant company and that admittedly Plaintiffs have not applied for any registration in class 36.

(h) It is reiterated that the trade name Hawa Realty would not create any deception

908-NMS196-15.DOC nor is there any probability of confusion.

There is no likely hood that the members of the public at large are likely to be deceived or confused into believing Hawa Valves India Pvt. Ltd. is that of Hawa Realty Pvt. Ltd. The balance sheet figure of the Defendant is quite insubstantial as it is running into losses.

(k) Apart from purchasing one property, the Defendant has not carried out any trade activity. The Plaintiffs have not applied for any registration in class 36 and hence cannot claim any exclusive right over the word "Haawa"."

2.

Mr. Anekar submits that on these statements being accepted, no further reliefs are necessary on the Plaintiff's Notice of Motion. The learned Advocate for the Defendant is in agreement. Accordingly, the statements made in the foregoing paragraphs are accepted.

3.

In view thereof, Mr. Anekar does not press for reliefs in the Notice of Motion, which is disposed of with the foregoing observations. There will be no order as to costs. (G. S. PATEL, J.)