M/S Bharat Cottage Industries v. M/S. Ratan Polyplast

263-NMS-1518-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1518 OF 2016 IN SUIT NO. 291 OF 2016 Bharat Cottage Industries ...Plaintiffs

Versus

Ratan Polyplast ...Defendant None for the Plaintiff.

Mr. Himanshu Kane, with Mr. Rahul M. Kadam, i/b W. S. Kane & Co., for the Defendant.

CORAM: G.S. PATEL, J DATED:

19th September 2016 PC:- 1.

The Plaintiffs and their Advocates are absent. Mr. Kane tenders two further Affidavits dated 29th February 2016 and 14th March 2016. These have been served on the Advocates for the Plaintiffs. This is a Suit for infringement of design and passing off. There is no ad-interim order. Further, I find from the Affidavits in Reply that the Plaintiffs' registration are under challenge. 2.

The appearance of the Plaintiffs and their Advocates are correctly shown on the daily board. None appears. 19th September 2016

263-NMS-1518-16.DOC 3.

The Notice of Motion is dismissed for non-prosecution, with no order as to costs.

(G. S. PATEL, J.) 19th September 2016