1 nms-396-s-308-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 396 OF 2011 WITH SUIT NO. 308 OF 2011. Excel Crop Care Limited. ..Plaintiff. vs. Silver Sine Bio Tec & Anr. ..Defendants. .... Mr. Amit Jamsandekar, a/w. Ms. Sowmya Ahuja, a/w. M/s. Bhagwati Trivedi, i/b. M/s. Bhagwati & Co., for Plaintiff. Mr. Sanjeev S. Hariakar, for Defendant No.2. .... CORAM : S.J. KATHAWALLA, J. DATE : 28TH FEBRUARY 2011. P.C. In this Suit, by an order dated 15th February 2011, a decree in terms of prayer clauses (a), (b) and (c) of the Plaint was granted in favour of the Defendant No.1. However, at that time, the Defendant No.2 was not present before this Court and therefore, ad- interim order in terms of prayer clause (a-i), (a-ii) and (b) of the Notice of Motion was granted in favour of the Plaintiff and against the Defendant No.2. 2. Today, the Defendant No.2 is present in Court along with his Advocate. He has informed the Court that he has stopped using the impugned mark and has no intention to use the said mark in future. He too submits to a decree in terms of prayer clauses (a), (b) and (c) of the Plaint. He has also tendered an undertaking dated 28th February 2011 which is taken on record and marked ‘X’ for identification and accepted by this Court. 3. The Suit is accordingly, decreed in terms of prayer 2 nms-396-s-308-11 clauses (a), (b) and (c) against the Defendant No.2. In view thereof, no further reliefs are required to be granted against the Defendant No.2. The Suit now stands disposed of against the Defendant No.2 and therefore, the entire Suit stands disposed of. 4. The Court Receiver is discharged without passing accounts. However, the Defendant No.2 shall bear the costs payable to the Court Receiver. The Defendant No.2 undertakes to deposit an amount of Rs.15,000/- with the Court Receiver within eight weeks from the date of this order. The undertaking is accepted. The learned Advocate appearing for the Defendant No.2 undertakes to forward a copy of this order to the Trade Mark Registry along with a request to treat the Trade Mark Application No.2074359 as withdrawn by the Defendant No.2, within four weeks from the date of this order and forward a copy of the acknowledgment received from the Trade Mark Registry to the Advocate for the Plaintiff. [ S.J. KATHAWALLA, J. ]