1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 30 OF 2003 Intel Corporation ...Plaintiff Vs. Tushar Bhabhal ...Defendant Mr.Jamsandkar with Mr.K.H.Gajria i/b. M/s. Gajria & Co. for Plaintiff None for Defendant CORAM: SMT.ROSHAN DALVI, J. DATED: 25TH APRIL, 2008 P.C. 1. This suit is filed against passing off the Plaintiff's mark shown as Exhibit- A to the plaint. The Defendant has been served by registered post. The Defendant has failed to appear in Court or file his written statement. The averments in the plaint remain unchallenged. An Ex-parte decree is, therefore, liable to be passed. 2. It is stated by the Counsel on behalf of the Plaintiff that after an interim order of injunction came to be passed, the Defendant appeared in Court upon service of Non Bailable Warrant and tendered apology for passing off the Plaintiff's mark and has since not used the Plaintiff's mark. The 2 Plaintiff tenders an affidavit of examination- in-chief. The Plaintiff has produced the graphic computerised mark in respect of which the suit is filed and the original correspondence. 3. Suit is decreed in terms of prayers (a), (b) and ( c ). No order as to costs. 4. The original documents shall be returned to the Plaintiff, upon verification of the Xerox copies of the documents produced. (SMT. ROSHAN DALVI, J.)