Ultratech Cement Ltd And ANR v. Shaktishali Cement Pvt Ltd

240-NMS1919-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1919 OF 2015 IN SUIT NO. 993 OF 2015 Ultratech Cement Limited & Another ...Plaintiffs

Versus

Shaktishali Cement Private Limited ...Defendants Mr. Amit Jamsandekar, with Ms. Khushboo Bhatt, i/b V.A. Associates. for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

11th August 2016 PC:- 1.

There is an ad-interim order dated 9th October 2015 granting ad-interim reliefs in terms of prayer clauses (a) and (c). That order has not been carried in Appeal. No application for setting aside, modification or variation has been filed. The 9th October 2015 order was corrected for some typographical errors by order dated 14th October 2015.

2.

There is no Affidavit in Reply. The Defendants have not cared to enter appearance although served and although there is an Affidavit of Service on file.

11th August 2016

240-NMS1919-15.DOC 3.

Now that leave has been granted under Clause XIV, the reliefs in passing off can also be granted.

4.

The previous ad-interim order in terms of prayer clauses (a) and (c) is confirmed, and, in addition, there will be an order in terms of prayer clause (b) of the Notice of Motion as the final order on this Notice of Motion.

5.

The Notice of Motion is made absolute in these terms with costs. In addition, the Plaintiffs will also be entitled to recover the actual costs on this Notice of Motion at the time of final hearing of the Suit.

(G. S. PATEL, J.) 11th August 2016