:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.1755 OF 2006 OF MOTION NO.1755 OF 2006 OF MOTION NO.1755 OF 2006 IN IN IN SUIT SUIT SUIT NO.1504 OF 2006 NO.1504 OF 2006 NO.1504 OF 2006 Centaur Drug House Pvt. Ltd And another ..Plaintiffs V/s M/s Cosmos Pharmacis ..Defendants Mr.S.V. Rajeshwar i/b M/s Leega Apex for the Plaintiffs None for the Defendants CORAM CORAM CORAM : : : A.A. SAYED, J. A.A. SAYED, J. A.A. SAYED, J. DATE DATE DATE : 3RD OCTOBER, 2008 : 3RD OCTOBER, 2008 : 3RD OCTOBER, 2008 P.C. 1. Heard the learned Counsel for the plaintiffs. Affidavit of service dated 27th June, 2006 has been filed indicating that the defendants have been served. In spite of service no reply has been filed by the defendants to oppose the motion and none appears on behalf of the defendants. The assertion made in the affidavit in support of motion therefore, remain uncontroverted. 2. The suit is filed by the plaintiffs interalia for injunction restraining the defendants from :2: infringing the registered trade mark "LEEFLOX" and action for passing off. The defendants are using the impugned mark "LEEFLOX -500". 3. The Notice of Motion has been filed interalia for the reliefs set out therein. By order dated 28th June, 2006 this Court was pleased to grant ad-interim reliefs in terms of prayer clause (a) and (f) of themotion. The learned Counsel for the plaintiffs states that ad-interim relief may be confirmed and that he is not pressing for other reliefs in the motion. 4. Considering the facts and circumstances, prima facie case has been made out for confirmation of the reliefs which were granted at ad-interim stage. Notice of motion is accordingly made absolute in terms of prayer clause (a) and (f) which read as under:- "(a) Pending the hearing and final disposal of the suit, the Defendant by themselves and/or their servants, representatives and/or any person(s) claiming under or through the Defendant be restrained by an order of injunction of this Hon’ble Court from infringing the Trade Mark "LEEFLOX" registered under Nos. 1205624 in class 05 by adopting :3: and/or using "LEEFLOX" or any word identical with and /or deceptively similar to the Plaintiffs’ Trade Mark "LEEFLOX" as trade mark or otherwise in respect of medicinal and /or Pharmaceutical Preparations; (f) Pending the hearing and final disposal of the suit Court Receiver, High Court, Bombay or any other fit and proper person as Receiver of the Manufactured stock of medicinal preparations or similar goods in any form bearing or intended to bear the subsequently adopted offending mark "LEEFLOX’ or any mark identical with and/or deceptively similar to the Plaintiffs’ Trade Mark "LEEFLOX’, and such other articles, packaging materials, and other paraphernalia used and employed by the Defendant in committing infringement and passing off by manufacturing, packing, selling, advertising and distributing the Medicinal and/or Pharmaceutical Preparations or similar goods being or intended to bear the offending mark "LEEFLOX" or any mark, or label bearing or intended to bear the mark identical with and/or deceptively similar to the Plaintiffs’ registered Trade Mark "LEEFLOX’, with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908, with directions to seize and take into custody all materials finished goods, semi-finished goods, labels, and/or packed materials, wherever they are found and the Defendant be ordered and decreed to deliver up to the Plaintiffs for destruction all such labels or catalogues or packing materials or wrappers bearing or intended to bear the offending mark "LEEFLOX"." 5. Notice of Motion is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)