1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3197OF 2009 IN SUIT NO. 2277 OF 2009 Piramal Healthcare Limited. ... Plaintiff. V/s. Zen Medica & Anr. ... Defendants. Mr. Shailesh Mendon a/w. Ankit Shrivastav i/b. Chitnis & Co. for the Plaintiff. M. Firdaus Moosa a/w. Manisha Patil i/b. Prakash Mahadik for Defendants 1 and 2. CORAM : S.C. DHARMADHIKARI,J. DATED : 15th OCTOBER 2009. P.C. :- The Plaintiff and Defendants have arrived at the terms. The agreed statement which is tendered on behalf of Defendant Nos.1 and 2 and with a copy duly forwarded to the Plaintiff has been shown to the respective clients. It is stated that what is recorded therein has the approval of both sides. 2. At the hearing of this Notice of Motion for interim reliefs in a Suit to restrain infringement and passing off, it is stated by the Defendants that they have inadvertently and without realizing that they are committing an infringement of the Plaintiffs’ mark brought into the market, the goods in batches more particularly described in paragraph 1 of this statement. 2 The manufacturing was undertaken by the Second Defendant for the First Defendant. From the batches that they are mentioned in paragraph 1, certain cases were released to the stockists in August 2009. However, after the Plaintiff informed the Defendants and called upon them to cease and desist from using the mark, stocks have been recalled save and except for a small quantity. However, it is stated in paragraph 3 of the statement that the First Defendant will not hereafter market the products with the same mark or any mark deceptively similar to the Registered Trade Mark of the Plaintiff. In addition, the Second Defendant has stated before the Court that it has no intention of manufacturing the goods bearing mark of the Plaintiffs and they will not do so in future. 3. All these statements which are made today in writing are duly accepted as undertakings to this Court. The written undertaking is taken on record and marked ‘X’ for identification. In the light of the same, the Plaintiff states that it does not press for any further reliefs at this interlocutory stage. The Notice of Motion is, therefore, disposed off in the light of the agreed statements which are accepted as undertakings to this Court. There will be no order as to costs. (S.C. DHARMADHIKARI,J.)