- 1 - 15.s.261.09 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.261 OF 2009 Rasiklal Manikchand Dhariwal & Anr. ..Plaintiffs -Versus- Shilpa Beverages Pvt. Ltd. ..Defendants .......... Mr.B.N.Poojari i/b Asian Patent & Law for the Plaintiffs. Mr.Rajesh More for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH JULY 2011. P.C. 1 By consent of the parties, the suit is disposed of by the following order : (i) The defendants state that they had stopped using the trade mark ‘OXYFRESH CLASSIC’ since December 2010. The statement is accepted. The defendant agrees and undertakes not to use the mark ‘OXYFRESH CLASSIC’ or any deceptively similar mark thereto in relation to drinking water. The undertaking is accepted and it is also so ordered. - 2 - 15.s.261.09 (ii) The defendants shall withdraw their application No. 1443109 for registration of the trade mark ‘OXYFRESH CLASSIC’ within two weeks from today. (iii) In consideration of the above, the plaintiffs gives up all their claims including as to damages. (iv) No order as to costs. (v) Refund of court fees, if any, as per rules. -