1 nms-3219-s-2183-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3219 OF 2009 WITH SUIT NO. 2183 OF 2009. Hab Pharmaceuticals & Research Ltd. ..Plaintiff. vs. Naman Pharma Drugs. ..Defendant. .... Mr. Alankar Kirpekar, for Plaintiff. Mr. K.S. Pachoo, for Defendant. Mr. Pinesh M. Sakaria, one of the Partners of the Defendant, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 10TH JANUARY 2011. P.C. Mr. Pinesh M. Sakaria, Partner of Defendant is present in Court along with his Advocate. He states that the partnership as well as its existing partners i.e. himself and Mr. Girish M. Sakaria, his brother, are not using the mark ‘Vega Plus’ and/or any other deceptively similar mark and/or shall not use in future the mark ‘Vega Plus’ and/or any other deceptively similar mark. The undertaking is accepted. 2. Mr. Pinesh M. Sakaria further undertakes on behalf of himself and his brother and the firm that they shall apply to the Trademark Registry seeking unconditional withdrawal of their trademark application no. 1782134, within a period of two weeks 2 nms-3219-s-2183-09 from today and shall also forward a copy of the same with the acknowledgment of the Trademark Registry to the learned Advocate for the Plaintiff within a period of three weeks from today. The undertaking is accepted. 3. In view thereof, the learned Advocate appearing for the Plaintiff is not pressing for any reliefs in the Notice of Motion as well as in the Suit. The Notice of Motion as well as the Suit stand disposed of. [ S.J. KATHAWALLA, J. ]