M/S Jawed Habib Hair And Beauty Limited v. M/S Allure And 5 Other

919-S138-16+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 138 OF 2016 WITH NOTICE OF MOTION NO. 526 OF 2016 AND LEAVE PETITION NO. 266 OF 2015 Jawed Habib Hair & Beauty Limited ...Plaintiffs

Versus

Allure & 5 Others ...Defendants Ms. Pritam D. Joshi, for the Plaintiffs.

Mr. Prem Sood, for Defendant Nos. 1 to 6.

CORAM: G.S. PATEL, J DATED:

21st September 2016 PC:- 1.

For the reasons set out in the Leave Petition, it is made absolute in terms of prayer clause (a).

2.

Mr. Sood states that the Defendants have removed the offending mark and ceased the infringing use of offending mark. 21st September 2016

919-S138-16+.DOC 3.

In view of this statement, the Suit is decreed in terms of prayer clauses (a), (b) and (c) of the Suit. There will be no order as to costs.

4.

Drawn up decree dispensed with.

5.

This order is without prejudice to the Defendants' claim against the Plaintiffs for recovery of the amounts allegedly due for rental premises.

6.

In view of this, nothing survives in the Notice of Motion and the same is disposed accordingly.

(G. S. PATEL, J.) 21st September 2016