1 nms3187.06.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3187 OF 2006 IN SUIT NO. 2658 OF 2006 Laxmichand Veerji Shah ....Plaintiff. Vs. Padmawati Chemicals ....Defendant. Mr. Hiren Kamod i/by Mr. H.W. Kane for the Plaintiff. None for the Defendant. CORAM : ANOOP V. MOHTA, J. DATE : 9th FEBRUARY, 2011 P.C.: In a suit filed by the Plaintiff against the Defendant being registered trade-mark “CAPTAIN”, this Court on 20th September, 2006, after considering the averments as well as the material placed on record found that there is a case of infringement of trade-mark and copyright, therefore, granted ad-interim reliefs in terms of prayer clauses (a), (c) and (d) of the Notice of Motion. The receiver was also appointed by invoking provisions of Order 39 Rule 3. None appeared for the Defendant in spite of service till this date. The learned counsel appearing for the Plaintiff makes statement that they have already 2 nms3187.06.sxw ssm obtained leave under clause XIV on the Letters Patent Appeal. The statement is also made that the suit is already transferred in the list of “undefended suits”. 2 Considering the uncontroverted statements/averments, as well as the material placed on record and as till this date the defendant never appeared and applied for vacation of the interim order so granted, a case is made out to confirm the prayers in all respects. 3 In view of this, Motion is allowed in terms of prayer clauses (a) (b), (c) and (d). No costs. (ANOOP V. MOHTA, J.)