1 nms3608-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3608 OF 2010 IN SUIT NO.3215 OF 2010 Hindustan Construction Co. Ltd. ....Plaintiff V/s. HCC Health Care Construction Pvt. Ltd. ....Defendant Mr.Manish Saurashtri i/b Krishna Saurashtri & Associates for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 26TH JULY, 2011. P.C. :- 1. This is an action for infringement and passing off in respect of the plaintiff’s word mark “HCC”. By a detailed order dated 24.1.2011, the ad-interim orders were granted. Despite the previous directions, the defendant has not filed any affidavit. The defendant has remained absent throughout. There are no change in circumstances or any other factors which persuade me to take a different view at the hearing of this notice of motion. 2. In the written statement, it is stated that the name of the defendant company has been changed to NVY Healthcare Private 2 nms3608-10 Limited. It is not clarified however as to whether the defendant has stopped using the mark in every respect. 3. In addition to the reasons furnished in the order, is the fact that the plaintiff has established that its said mark is a well known mark. This is clear inter-alia from the averments in paragraph 14 of the plaint. The averments in paragraph 14 are in turn supported inter-alia by the fact that the plaintiff has been in business since 1926 and has adopted the mark since inception. The mark was first registered around the year 1987. Further the enormous turn over of the plaintiff, the presence of the plaintiff are over the country and the nature of the contracts supports this case. The civil construction contracts are in public places and for the public purposes. 4. In the circumstances, the notice of motion is made absolute in terms of prayers (a) and (b).