Marico Limited v. Mahavir Oil Industries And 3 ORS

37.nms.808.2016s.196.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 808 OF 2016 IN SUIT NO. 196 OF 2016 Marico Limited .. Applicant In the matter between :

Marico Limited .. Plaintiff Vs.

Mahavir Oil Industries & Ors.

.. Defendants Mr.Vinod Bhagat a/w. Mr.Dhiren Karania i/b G.S. Hegde & V.A.Bhagat for plaintiff/applicant.

Ms.Kavita Ambekar-2nd Assistant to Court Receiver present. CORAM : K.R.SHRIRAM, J.

DATE : 10TH JANUARY, 2017 P.C.

On 16th October 2015, ad-interim relief in terms of prayer clause (b) was granted. That application was moved without notice to the defendants. On 30th October 2015, the defendants appeared and after hearing the parties, the Court passed an order granting ad-interim relief in terms of prayer clauses (a) and (c) in addition to prayer clause (b). The defendants were directed to file reply within two weeks.

Shri Bhagat appearing for the plaintiff states that the defendants have Shraddha Talekar PS 1/2

37.nms.808.2016s.196.2016.doc not filed any reply. At the same time, the Court Receiver's office confirmed that they have taken inventory of the offending goods bearing impugned mark and also the impugned packaging material. In view of the above and the fact that the defendants have chosen not even to file an affidavit in reply, though they have had more than a year to do so, prayer clause (d) is also granted.

The notice of motion accordingly disposed.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2