-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of motion no. 1458 of 2006 in Suit no. 1229 of 2006 Blue Cross Laboratories LImited : Plaintiff v/s Akme Drugs and Pharmaceuticals (pvt) ltd. : Defendant Mr. Dhiren Kavania and Mr.Punit Jani i/b G.S. Hegde for plaintiff Mr. Mehul Shah for defendant Coram : S.J. Kathawalla, J. Date : 14.11.2008 P.C. . This notice of motion is taken out by the plaintiff to restrain the defendant from infringing the plaintiffs mark "Meftal -Spas" and "Meftal" which marks are registered under class 5 and the registration certificate is annexed At Ex.A,A1, B and B1 to the plaint. It is also the plaintiffs’ case that the defendants are passing of their products as those of the plaintiff and have sought reliefs accordingly. . An ad interim order dt. 13.6.2006 in terms of prayer clauses (a) and (b) except the bracketed portion was granted by this court (Coram Smt. Nishita Mhatre J) . At that time the defendant did not appear -2- though served. . The ad-interim order dated 13.6.2006 was served on on the defendant on 26.6.2006. Thereafter the defendant instructed one Mehul Shah to approach the plaintiffs advocate and settle the dispute in the suit.Accordingly Mr. Mehul Shah by his letter dt.27.9.2006 addressed to the advocate for the plaintiff sought settlement in the matter. However the defendant thereafter did not give any instructions to Mr.Mehul Shah nor did they sign any vakalatnama in favour of Mr. Mehul Shah or any other advocate. Mr. Mehul Shah advocate has remained present before this court and have placed the aforesaid facts before this court. . It therefore appeares that the defendants are not interested in defending the above Notice of Motion. No defense by way of reply is filed by them. Notice of motion is therefore made absolute in terms of prayer clauses (a) and (b). Defendant to pay costs of this notice of motion to the plaintiff. (S.J. Kathawalla,J.)