-1_ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3522 OF 2007 IN SUIT NO.2520 OF 2007 Swarovski AG and anr. : Plaintiff v/s Mid City Bhoomi PVt. Ltd. a Group Company of M/s.Orbit Group : Defendants Mr. Amit Jamsandekar i/b M/s. Res Legal for plaintiff Mr. Prashant Ghelani i/b Tanvi Gandhi & Satyen Vora for defendant no.1 None for defendant no.2 Coram : S.J. Kathawalla, J. Date : 29.8.2008 P.C. 1. The above suit is for injunction restraining infringement of the plaintiffs trademark ’SWAROVSKI’. The plaintiff has taken out this motion for interim reliefs. 2. It is the plaintiff case that defendant no.1 who is developer has constructed a building which is named ’Swarovski’ and situated at 16, Cross Road, near Khar Gymkhana, Khar (W), Bombay. The defendant no.1 has disposed of all the flats in the said building and the flat owners have already formed a cooperative society by the name’Nandadeep Cooperative Housing Society’ which society is joined as Defendant no.2 in -2_ the above suit. An ad-interim application in the above Notice of Motion was heard by this court(Coram: Karnik,J) on 8.4.2008. The defendant no.2 had remained absent. This court after hearing the plaintiff and the defendant no.1 passed an ad-interim order in terms of prayer clauses (a) and (b) of the Notice of Motion. 3. Defendant no.2 has not appeared even today. The advocate appearing for the defendant no.1 has submitted that he has been told that the name of the building is changed and it is no longer named as ’Swarovski’. However he fairly submits that the information is hearsay and he has no material to show that the name of the building "Swarovski"has been changed. Except for the above, no submissions are made on behalf of the defendant no.1. In view thereof for the reasons already set out in the order dated 8.4.2008, the Notice of Motion is made absolute in terms of Prayer Clauses (a) and (b) thereof. (S.J. Kathawalla,J.)