- 1 - 904.s.2961.08 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2961 OF 2008 Argos International Marketing Pvt. Ltd. ..Plaintiff -Versus- Gateway Multichannel Retail (India) Ltd. ..Defendant .......... Ms.Aparna Das i/b India Law Services for the Plaintiff. Mr.Hiren Kamod i/b Himanshu W. Kane for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 7TH JULY 2011. P.C. 1 The learned counsel appearing on behalf of the defendant makes a statement that at present the defendant is not using the impugned mark. In view thereof, the plaintiff seeks to withdraw the suit with liberty to file a fresh suit in the event of the defendant hereafter using the said mark or any other mark deceptively similar to the plaintiff’s mark. The plaintiff is always entitled to do so on afresh cause of action. - 2 - 904.s.2961.08 2 In the circumstances, the suit is allowed to be withdrawn with liberty as prayed for. Refund of court fees, if any, as per rules. -