1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1441 OF 2007 IN SUIT NO. 1144 OF 2007 M/s Ajanta Pharma Limited …. Plaintiff. Vs. Regal Laboratories …. Defendant. --- Mr. Manish Saurashtri i/b Shantilal & Co., for the Plaintiff. None for the Defendant. ---- CORAM: S.J. VAZIFDAR, J. DATED: 14 TH AUGUST, 2009 P.C.: 1. This Notice of Motion is taken out for usual interlocutory reliefs on an infringement action. The Plaintiff is the registered proprietor of the label name which contain the word ‘KAMAGRA-100” and the word mark “KAMAGRAH”. Both are valid and subsisting. Both the marks are registered under Class-5. 2. Leave under clause 14 of the Letters Patent Act has not been applied for. Hence the relief is restricted to infringement. According to the Plaintiff the Defendants have used the name R-KAMGRA. The mark 2 is similar to the Plaintiff’s mark in every material respect. The Defendants’ registration is valid and subsisting in respect of both the marks. The Defendants’ case is that they have not used the alleged offending name. This is stated in the paragraphs 17,22 and 25 of the affidavit. Thus, in view of this contention viz. that the Defendants have not been using the alleged offending mark there can be no grievance on their part if interim reliefs are granted. 3. In the circumstancdes, the Notice of Motion is made absolute in terms of prayer (b). 3