IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.902 OF 2008 IN SUIT NO.617 OF 2008. D & H Secheron Electrodes Pvt.Ltd. ... Plaintiff. versus Superon Schweisstechnik India Ltd. ... Defendant. Dr. V.V. Tulzapurkar i/b. M/s. Mulla & Mulla, for Plaintiff. Mr. Akshay Patil i/b. Satendra Kumar for defendant. CORAM : D.G. KARNIK, J. DATE : 9th June, 2008. P.C. The learned counsel for the defendant states that defendant reiterates the statement made by the defendant and recorded in the order passed by this court on 19th March 2008. He further states that the defendant is not using the mark in question which is registered under the Registration Certificate annexed at Exhibit 'C' of the plaint. He further states that in the event, the defendant intends to use the mark, it will take out a separate motion for permission to use the said mark on whatever grounds available to it. 2. In view of this, I pass the following order :- (a) The defendant is restrained by an order of injunction from Jmi using the plaintiff's mark which is registered with the Registrar of Trade Marks under the Registration No.4662848 dated 20th January 1987 and renewed from time to time (Exhibit 'C' to 'E' to the plaint). The defendant is granted liberty to move the court if the defendant further intends to ever use the mark. The defendant is granted liberty to move the court by a separate motion in the event of change of circumstances. (b) In view of this order, it is not necessary to appoint Court Receiver at this stage. (c) The motion is disposed of in aforesaid terms. (D.G. KARNIK, J.)