- 1 - 7.s.2545.03 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2545 OF 2003 Franco-Indian Pharmaceuticals Pvt. Ltd. & Anr. ..Plaintiffs -Versus- M/s.East West Pharma & Anr. ..Defendants .......... Mr.Mahesh Mahadgud i/b V.S.Hegde & M.A. Mahadgud for the Plaintiffs. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST 2011. P.C. 1 This is an action for infringement of trade mark and copyright and for passing off. 2 A detailed interim order dated 14th September 2005 was passed in favour of the plaintiffs. 3 The defendants have failed to appear. The defendants have not filed a written statement. - 2 - 7.s.2545.03 4 There is nothing on record that persuades me to take a view different from the one taken at the ad-interim stage. It is unnecessary to refer all the facts again. 5 There is nothing on record that militates against the plaintiffs’ case. 6 The plaintiffs have furnished the sales figures. The plaintiffs’ sales over the years have been substantial. During the year 1995-96 to 2001-2001, the sales increased from Rs.394.66 lacs to 1700.31. 7 The sales promotional expenses are also substantial. The plaintiffs have therefore, established their reputation and goodwill in the marks as well as in the label of the products. 8 The plaintiffs have claimed only nominal damages of Rs.51,000/-. I am inclined therefore, to draw an adverse inference against the defendants for not having remained present and not filing the written statement to the effect that they have remained absent knowing that their records would indicate that the plaintiffs have suffered damages in excess of what is claimed. 9 In the circumstances, the suit is decreed in terms of prayers (a) to - 3 - 7.s.2545.03 (e) and (k). The prayer (e) shall be complied with within eight weeks of the defendants being served with the copy of this judgment and order. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -