Jawed Habib Hair And Beauty Ltd. v. Sharda Beauty Solution And 2 ORS

sat 1/1 arbp 412-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 412 OF 2016 Jaweb Habib Hair & Beauty Ltd.

...Petitioner

vs Sharda Beauty Solution & Ors.

...Respondents

Ms.Pritam D. Joshi for Petitioner.

CORAM : S.C.GUPTE, J.

DATE : 11 DECEMBER 2018 P.C. :

Learned Counsel for the Petitioner informs the Court that this petition, filed under Section 9 of the Arbitration and Conciliation Act, 1996, may not survive, since the Respondents have stopped using the Petitioner's trademark, which was a matter of dispute between the parties, and which had prompted the Petitioner to apply for protective reliefs in the present arbitration petition. Since the Respondents have stopped making use of the trademark, the cause of action does not survive. There is nothing for the Petitioner to take before any arbitral forum. The petition is, accordingly, disposed of as not pressed. The Petitioner, however, will be at liberty to apply for fresh reliefs in case any use of the offending mark on the part of the Respondents is observed in future. (S.C. GUPTE, J.)