1 IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 785 OF 2006 IN SUIT NO 1195 OF 2005 Procter and Gamble Hygiene and Health Care Ltd. And anr. .... Plaintiffs. Vs. V.L.Pharma .... Defendants. Mr. Nishad Nadkarni i/by M/s. Legasis Partners for the Plaintiffs. None for the defendants. CORAM : A.A. SAYED, J. DATE : JULY 6, 2009. P.C. 1. By an earlier order dated 27th April, 2005 in Notice of Motion No. 1288 of 2005 in Suit No. 1195 of 2005 this Court allowed the Motion in terms of prayer clauses (a),(b),(c),(d) and (e). The Court Receiver thus already stands appointed pursuant to this order 2. The suit is for infringement and passing off in respect of the plaintiffs trade mark and copyright. The learned Counsel for the plaintiffs states that inspite of the order dated 27th April, 2005 being passed, the defendants continue the infringement and are flouting the orders of this court. 3. The plaintiffs have taken out the present Notice of Motion for the reliefs, more particularly, for depositing of the sale price or sales 2 turnover in respect of each of the impugned products and to produce relevant ledgers, registers and other records. The plaintiffs have also prayed that the defendants be restrained by an order of injunction from disposing off, alienating, transferring or in any manner dealing with any of its assets. 4. The learned Counsel for the plaintiffs pointed out Section 135 of the Trade Marks Act, 1999 and more particularly to Subsection 2(a),(b) and (c) and submitted that the reliefs in this Motion ought to be granted. 5. The learned Counsel for the plaintiff stated that affidavit of service has been filed on 23rd May, 2006. There is no reply filed by the defendants opposing the Motion. In the circumstances, the averments in the affidavit in support of the Motion remain uncontroverted. 6. Hence, the Notice of Motion is allowed in terms of prayer clauses (a) to (d). 7. Liberty to the defendants to apply for vacating the reliefs granted in this Motion. 8. Notice of Motion to stand disposed of. [A.A. SAYED J.]