IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2030 OF 2005 Cachet Pharmaceuticals Pvt. Ltd. ..... Plaintiff V/s. Bantom Laboratories Pvt. Ltd. & Ors. ..... Defendants Mr.Mahesh Mahadgut, Advocate, for the Plaintiff. None for the defendant. CORAM : A.V.NIRGUDE, J. DATED : 08th August, 2008. P.C. 1. As regards to the suit, it is clear from the undertaking dated 05- 09-2005 and from the averments in the written statement that the defendants earlier were using the offending trade mark and that after receiving the notice from the plaintiff, they immediately stopped such using. The defendants given undertaking and the Court had accepted the same that they would not in future use the offending trade mark. 2. In view of this, in my view, instead of dismissing the suit being infructous, it is deserved to be allowed so as to prevent the defendants permanently from using the offending trade mark. The learned Advocate for the plaintiff states that plaintiff would give up prayers for damages and 2 running of accounts, etc. The suit is therefore, decreed in terms of prayer clauses (a) & (b) only. There shall be no order as to costs. ( A.V.NIRGUDE, J. )