1 HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION. NOTICE OF MOTION NO.482/2009 IN SUIT NO.92/2009 Raptakos Brett and Company Ltd.. ..Plaintiff -VERSUS- Wockhardt Ltd. and another. ..Defendants ......... Mr.Virag Tulzapurkar, Senior Advocate with Tehemtan Daruwalla, Hemlata Marathe and Rashmi Thakur i/b Jehangir Gulabbhai & Bilimoria & Daruwalla for the Plaintiff. Mr.Rushabh Shah with Vaswani and Ms.Shikha Raniwala i/b Raval Shah for the Defendant No.1. .......... CORAM : A.P.DESHPANDE, J. DATED : 23rd APRIL, 2009. P.C. : 1. After hearing the parties for quite some time, the learned counsel for Defendants stated that they would be discontinuing the user of infringing bottle label annexed and shown at Exhibit E-2 and carton label annexed at Exhibit F-2 and the word mark thereof being “HAPID-GLOBIN”. The learned counsel for the Defendants had undertaken to file an affidavit on record reiterating the statement made in the Court. Defendants, thereafter, filed an additional affidavit on 13.04.2009, however, the statement made therein or undertaking 2 given was a conditional one and hence, was not accepted and the Defendants were permitted to file yet another affidavit in support of the undertaking that they would cease to use the infringing label and the word mark. Pursuant thereto a further affidavit has been filed dated 22.04.2009 categorically stating therein that the Defendants are discontinuing the user. A further statement is made that the Defendants shall withdraw all stocks from the market on or before 30th May 2009 in regard to infringing word mark and label. The learned counsel for the Defendants reiterates the statements made in the further affidavit which are accepted as undertaking tendered by the Defendants to the Court. 2. In view of the unequivocal statements made in the further additional affidavit and in view of the fact that I am accepting the said undertaking, no further order is required to be passed on the Notice of Motion. Notice of Motion stands disposed of. The further additional affidavit is taken on record. JUDGE