1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3365 OF 2010 IN SUIT NO.3030 OF 2010 Serum Institute of India Limited Plaintiff versus Alto Healthcare Pvt.Ltd. and another Defendants Mr.Himanshu W. Kane a/w Mr.Hiren Kamod for plaintiff. None for the defendants. CORAM : S.J.KATHAWALLA, J. DATE : 7th February 2011 PC : 1. Heard Mr.Kane, learned advocate for the plaintiff. Perused the documents annexed to the plaint. I am of the view that the defendants are guilty of infringing the plaintiff's trademark "SN-15" registered under Class-5 of the Trademarks Act and are also guilty of passing off the defendants' pharmaceutical products as that of the plaintiff's. An ad- interim order in terms of prayer clauses (a) and (b) was granted by this Court by its order dated 6th December 2010. When the matter came up before this Court on 11th January 2011, none appeared for the defendants. In view thereof, the ad-interim order was continued up to 9th February 2011 and the matter was kept for interim reliefs today i.e. 7th February 2011. Mr.Kane submits that on the very day i.e. on 11th January 2011, the representatives of the defendants attended his office and informed him that they are willing to settle the matter since they have discontinued the use of the impugned trademark "SN-15" and they have also changed the impugned packaging. Mr.Kane also issued a letter to the said representatives of defendants informing them as to what 2 transpired in the Court on 11th January 2011 and that the matter is placed before this Court on 7th February 2011. Mr.Kane has also taken an acknowledgemet of the said representatives of the defendant nos.1 and 2 on the copy of the said letter which he has produced before this Court. However, today once again the defendants have failed and neglected to appear before this Court. 2. In view thereof, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). The defendants shall file their written statement, if any, on or before 7th March 2011. Place the suit for framing of issues on 11th March 2011. (S.J.KATHAWALLA, J.)