Nms308.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 308 OF 2010 IN SUIT NO. 222 OF 2010 M. Junction Services Ltd. ...Plaintiffs. Vs. Metal Junction & Anr. ...Defendants. Ms. Shilpa Kapil for the Plaintiffs. Mr. S.K. Jain for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 8TH MARCH, 2010. P.C.- 1 The notice of Motion is taken out for the urgent reliefs. 2 The plaintiffs have filed the suit against the Defendants, with regard to the use of the words “Metal Junction' alleged to be identical and deceptively similar to the plaintiffs registered trademark "Metal Junction". 3 Defendants have filed reply and resisted the same, on the facts, as well as, on law. 4 Heard the motion. 5 However, the Defendants without going into the merits of the matter and to avoid further complications agreed to delete the word "Junction" Nms308.10 2 with the word “Metal” as it has been their firm name and as they have been doing business under the same name since long. 6 In view of this, the Defendants have accordingly, filed an affidavit dated 6th March, 2010. The same is taken on record and marked “X”. It is counter signed by the respective advocates. Considering the averments so made as the Defendants have themselves agreed to delete the word "Junction", I see, there is no case, now to pass any ad-interim relief or injunction as sought. 7 Considering the fact that it is a case of trade/ business name, in view of the above affidavit, in my view, there is nothing survives in the notice of motion. Therefore it is disposed of accordingly. 8 The undertakings given in the affidavit as accepted by the parties, are also accepted. As there is no findings given whatsoever on merits and as the Defendants voluntarily agreed to delete the name, in the present facts and circumstances, therefore, the litigation itself looses its importance. The present notice of motion is accordingly disposed of in view of above. No order as to costs. 9 In view of above, the liberty is granted to the parties to settle the matter. (ANOOP V. MOHTA, J.)