acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1482OF 2007 IN SUIT NO. 1140 OF 2007 Fine Dining (India) Pvt.Ltd. …Plaintiff. Vs. Red Cherry Hotels & Restaurant Pvt.Ltd. & Ors. …Defendants. --- Mr. V.R. Walawalkar i/b Sameer R. Bhalekar, for the Plaintiff. None for Defendant nos.1 and 2. Mr. Vivek Kantawala i/b Vivek Kantawala & Co., for Defendant nos.3 and 4. ---- CORAM: S.J. VAZIFDAR, J. DATED: 28 TH AUGUST 2009 P.C.: 1. This is an action for passing off. According to the Plaintiff Defendants are passing off its item in the menu viz. ‘Nimbu Chicken’ as that of the Plaintiff. The Plaintiff contends that the name of this dish has acquired a reputation associated solely by the Plaintiff. According to Plaintiff there is no restaurant in Mumbai which serves this dish. 2. Prima facie, there is nothing on record to establish that any person who sees this item on the Defendants menu is likely to be mislead or confused into thinking that the restaurant is run or managed by the Plaintiff. 3. In the circumstances, the Notice of Motion is dismissed. 1