1 nms3067-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3067 OF 2010 IN SUIT NO.2844 OF 2010 Encore Hotels Pvt. Ltd. & Anr. ....Plaintiffs V/s. Rajdhani Thali Palace Private Limited & Ors. ....Defendants Mr.Rahul Chitnis i/b Dhruve Liladhar & Co. for the Plaintiffs. Mr.Ram Kakkar with Mr.Tanmaya Nirmal i/b Duttmanon Dunmorrsett for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 24TH NOVEMBER, 2011. P.C. :- 1. By consent the notice of motion is heard finally. 2. By consent the notice of motion is disposed of by the following order :- i). Defendant No.1 shall not use the impugned mark as a part of its business till the rectification proceedings are concluded. Till the rectification proceedings are concluded and if they are decided against the plaintiffs and in favour of defendant No.1, defendant No.1 shall not use the impugned mark as a part of its business until the expiry of two weeks from the date of service of such order upon the plaintiffs’ 2 nms3067-10 advocate. In that event, liberty to the plaintiffs to apply. ii). It is clarified that this order has been passed without considering the merits of the rival contentions which are kept expressly open. 3. The affidavit dated 14.11.2011 and the reply thereto are taken on record and marked “X” and “X-1” respectively.