:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1133 OF 2006 OF MOTION NO. 1133 OF 2006 OF MOTION NO. 1133 OF 2006 IN IN IN SUIT SUIT SUIT NO.1019 OF 2006 NO.1019 OF 2006 NO.1019 OF 2006 ITC Limited ..Plaintiffs V/s Laxmi Confectionary Works & Anr. ..Defendants Mr. Rahul Chitnis i/b M/s Nanu Hormusji & Co.for the Plaintiffs CORAM CORAM CORAM : : : A.A. SAYED, J. A.A. SAYED, J. A.A. SAYED, J. DATE DATE DATE : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 P.C. 1. Heard the learned Counsel for the plaintiffs. 2. By order dated 10th April, 2006 this Court was pleased to grant ad-interim relief in terms of prayer clause (a) and (c) of the Notice of Motion which read as follows:- "(a) That pending the hearing and final disposal of the suit, the Defendants by themselves, their servants, agents and associate concerns/firms be restrained by an order and injunction of this Hon’ble Court from in any manner using and/or exposing, or offering for sale any goods hearing the impugned labels being Exhibit C hereto or any colourable imitation or substantial reproduction of the Plaintiffs artistic works being Exs.AI and A2 to the plaint, so as to :2: infringe the Plaintiffs copyright in the original artistic works, Exhibits A1 and A2,A3, A4, and A5 to the plaint. (c) that pending the hearing and disposal of the suit, the Court Receiver, High Court, Bombay or some other fit and proper person be appointed Receiver of the impugned products bearing the trademark and/or copyright ’fruit-o mint’ and/or any other variants thereof and/or wrappers bearing the trademark and/or copyright ’fruit-o mint’ as shown in Exhibit C to the plaint with all powers under Order XL Rule 1 of the Code of Civil Procedure, 1908, including the power to break open locks and enter the premises and to take possession of the infringing material bearing the trademark and/or copy right ’fruit-o mint’ and or any other variants and/or wrappers being the trademark and/or copy right ’fruit-o mint’ from the Defendants, their servants, agents and associate concerns/firms and to hand over the same to the plaintiffs with a direction to the Superintendent of Police and/or Officer in-charge of Police Station, having jurisdiction to assist and help the Court Receiver." 3. The learned Counsel for the plaintiffs states that the defendants are served and undertakes to file affidavit of service within one week. The statement is accepted. 4. None appears on behalf of the defendants nor any affidavit-in-reply is filed opposing the motion. The assertions made in the affidavit in support of motion therefore, remain uncontroverted. Hence, :3: ad-interim reliefs granted earlier is confirmed. Accordingly Notice of Motion is made absolute in terms of prayer clause (a) and (c) of the motion. 5. Notice of motion is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)