IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.446 OF 2004 IN SUIT NO.2421 OF 2003 Nirma Industries Ltd. & Anr. .. Plaintiff Vs. Meso Pvt.Ltd. & Anr. .. Defendants Mr.P.A.Sawant i/b J.Sagava Associates for the plaintiff Mr.Z.B.Kamdia i/b M/s.Wadia Ghandi & Co. for defendant no.2 Mr.V.A.Bhagat & Co. for defendant no.1 CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 6TH APRIL 2005 DATED : 6TH APRIL 2005 DATED : 6TH APRIL 2005 P.C.: . The present Chamber Summons is taken out for deleting the name of the defendant no.2 from the cause title of the suit. Suit is filed for infringement and passing off a mark known as ’NIMA’. It is the case of defendant no.2 in the present Chamber Summons that the said mark has been assigned by defendant no.2 to defendant no.1 and in view thereof defendant no.2 is not a necessary and proper party to the suit. It is therefore, contended that they should be deleted from the suit. In my opinion mere assignment of the mark would not absolve the defendant no.2 in respect of liability which may arise in the present suit. In view thereof, Chamber Summons dismissed. No order as to costs.