1 nms4034.09 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4034 OF 2010 IN SUIT NO.2959 OF 2009 Kamat Hotels (India) Ltd. ....Plaintiff. Vs. Uppal Hotels Pvt.Ltd. ....Defendant. Mr. Punit Jani i/b. G.S.Hegde & U.A.Bhagat, advocate for plaintiff. Mr. Rahul R. Singh, advocate for defendant. CORAM:- S.J.KATHAWALLA,J. DATED:- JANUARY 19, 2011. P.C. 1. By consent of the parties, Notice of Motion is made absolute in terms of prayer clauses (a), (b), (c) and (d). Notice of Motion is accordingly disposed of. 2. Since the Defendants submit that they are not using and shall not use the infringed mark at any time in future, place the Suit for withdrawal on 1st February, 2011. Mr. Vikram Kamat, Executive Director of the Plaintiff, who has verified the plaint to remain present in court on the adjourned date. (S.J.KATHAWALLA, J.)