rng IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 2257 OF 2005 OF MOTION NO. 2257 OF 2005 OF MOTION NO. 2257 OF 2005 in in in SUIT SUIT SUIT NO.2114 OF 2005 NO.2114 OF 2005 NO.2114 OF 2005 Pravinchandra Khimji Chheda .. Plaintiff Vs. M/s V.K.Enterprises & ors .. Defendants Mr.S.V.Rajeshwar i.b Lega Apex for Plff Mr.D.Parekh i.b Mr.B.B.Parekh for Defts CORAM CORAM CORAM : A.V.NIRGUDE, J : A.V.NIRGUDE, J : A.V.NIRGUDE, J DATE DATE DATE : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 P.C. P.C. P.C. 1. This motion is pending since 2005. It is taken out for seeking temporary injunction against the defendants preventing them from using the plaintiff’s trade mark including the art work which was registered under CopyRight’s Act. The defendants opposed the motion at ad interim stage. This Court did not grant ad interim reliefs to the plaintiff. The plaintiffs therefore went in appeal where they secured an order of temporary injunction at ad interim stage on 13.12.2005. Subsequently, the appellate Court confirmed the earlier ad interim order on 7.2.2006. The appeal is still pending. The interim order passed by the appellate Court is still in force. Despite this 2 situation, the defendants have not filed any reply to the Notice of motion. I am told that they have not filed any reply even to the Notice of Motion taken out at the appellate stage. They have so far not filed any written statement also. It is clear that the defendants do not want to file any reply to the motion. I am therefore inclined to believe that they do not want to oppose the motion. 2. Motion is made absolute in terms of prayers (a) and (b). { A.V.Nirgude, J } A.V.Nirgude, J } A.V.Nirgude, J }