1 s934-05 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.934 OF 2005 Britania Industries Ltd. ....Plaintiff V/s. Raj Agro Products Pvt. Ltd. ....Defendant Ms.Vijayalaxmi Kulkarni i/b M/s.Nanu Hormasjee & Co. for the Plaintiff. Ms.Lata Bachani i/b M/s.I.R.Joshi & Co. for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 30TH SEPTEMBER, 2011. P.C. :- 1. This is an action for an infringement and passing off. 2. The artistic work on the impugned label is a slavish imitation of the artistic work on the plaintiff’s label. It is not necessary to furnish a comparison of the impugned work with that of the plaintiff’s work as the defendant states that they have stopped using the said label and will henceforth not use the impugned label or any other labels which are deceptively similar to the plaintiff’s label. 3. In view of the stand taken by the defendant, the plaintiff has given up its claim for damages and for costs. 4. In the circumstances, the suit is decreed in terms of prayers (a), (b), (c), (c-i) and (e). The other prayers are given up. Prayer (e) 2 s934-05 shall be complied with within eight weeks from today. 5. The learned counsel appearing on behalf of the defendant states that no further material remains to be delivered pursuant to the decree in terms of prayer (e) and that if any such material remains, the same shall be handed over to the plaintiff’s advocate, within eight weeks from today. The statements are accepted. The Court Receiver shall comply with prayer (e) in respect of the material seized pursuant to the interim orders. Thereupon, the Court Receiver shall stand discharged without passing accounts but subject to payment of his costs, charges and expenses.