1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1436 OF 2007 IN SUIT NO. 1106 OF 2007 Jasbir Singh Bagga & Anr. ...Plaintiffs. V/s. Delair Singh Ajmani & Anr. ...Defendants. --- Mr. V.R. Walavalkar i/b Mr.Sameer R. Bhalekar, for the Plaintiff. None for Defendant nos.1 and 2. Mr. Vivek Kantawala i/b Vivek Kantawala & Co., for Defendant nos.3 and 4. -- CORAM : S.J. VAZIFDAR, J. DATED : 28TH AUGUST, 2009 P.C. :- 1. The suit is filed for infringement and passing off. However, the Plaintiff’s mark has not been registered yet. The cause of action at present is therefore limited to passing off. 2. The matter was obviously argued at length when the Plaintiff made an application for an ad-interim order. The learned Judge by an ad-interim order dated 27.07.2007 dealt with the matter exhaustively and has given detail reasons. 3. I have heard Mr. Walawalkar, learned counsel appearing 2 on behalf of Plaintiff, who also tendered the copies of photographs of the current sign boards of the Defendants. I have nothing to add to the findings and the reasons contained in the ad-interim order. No useful purpose will be served by merely reiterating the same. 4. In the circumstances, and for the reasons stated in the ad- interim order dated 27.07.2009, the Notice of Motion is made absolute in terms of prayer (b). The order, however, is only against Defendant nos.1 and 2.