vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2746 OF 2007 IN SUIT NO.1838 OF 2007 IN LEAVE PETITION NO. 617 OF 2009 Rafique Abdul Malik Malik and anr ....Plaintiffs V/s. Metro Shoes ....Defendant Mr. Amit Jamsandekar, i/b Piyush Shah, for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 16TH NOVEMBER, 2009. P.C. :- 1. By an order dated 6th November,2009, I recorded that the Defendants were absent on 4th November, 2009 and that the matter was adjourned to 6th November, 2009 to give them another opportunity. The Defendant remained absent even on 6th November, 2009. Despite the same yet another opportunity was granted as a last chance and the matter was adjourned to 10th November, 2009. On 13th November, 2009 the Defendants and their advocate were again absent. To give them yet another opportunity, the matter was adjourned to today. Even today they are absent. 2. In the circumstances I have no other option but to proceed with the hearing of this Notice of Motion. 3. Further there is no affidavit in reply either to the Application under clause 14 of the Letter Patents Act or to this Notice of Motion. 4. For the reasons stated in the order dated 27th August, 2009, the Plaintiff is entitled to the reliefs in terms of prayer (a) of the Notice of Motion. It is not necessary to set out the reasons again. 5. In the circumstances the Notice of Motion is made absolute in terms of prayer (a). Leave to take out a fresh Notice of Motion for reliefs in respect of passing off.