1 upa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1256 OF SUIT NO.1256 OF SUIT NO.1256 OF 1987 1987 1987 The Dharamsi Morarji Chemical Co. Ltd. ).. Plaintiffs Versus Rajnikant Nandlal and others ).. Defendants. Ms.Smruti Yadav i/b.Crawford Bayley & Co. for the Plaintiffs. None present for the Defendants. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : 22ND MARCH 2006 DATED : 22ND MARCH 2006 DATED : 22ND MARCH 2006 P.C. : P.C. : P.C. : . The learned Counsel appearing for the Plaintiffs submits that the Plaintiffs have taken out the present Suit for infringement of the Plaintiffs’ trademark by the Defendants. She states that the Plaintiffs have made a survey of the market and have found that their trademark is no longer being used by the Defendants and, therefore, seeks liberty to withdraw the Suit. However, the learned Counsel submits that liberty be given to the Plaintiffs to file a Suit, if necessary, in the event it is found that the Defendants are again infringing the trademark of the Plaintiffs. 2. Suit allowed to be withdrawn with liberty as prayed for. 3. Refund as per Rules.