1 nms2523-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2523 OF 2010 IN SUIT NO.2461 OF 2010 Jyoti (India) Metal Industries Pvt. Ltd. ....Plaintiff V/s. Shetiya Sales Corporation & Ors. ....Defendants Mr.Vinod Bhagat with Mr.Punit Jani and Mr.Dhiren Karnia i/b G.S. Hegde & V.A. Bhagat for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 23RD AUGUST, 2011. P.C. :- 1. This is an action for infringement and passing off. The plaintiff is the registered proprietor of the label mark NIRALI written in a stylized manner. The registrations are under classes 6 and 11. The defendants have used an identical mark in respect of water storage tanks which also falls under class 11. 2. The sales figures annexed at Exhibit “C” to the plaint establish the plaintiff’s goodwill and reputation in the mark. 3. By an order dated 11.1.2011, the notice of motion was made absolute in terms of prayers (a) and (b) as against defendant 2 nms2523-10 Nos.1 and 2. 4. The present defendant No.4 was earlier impleaded as defendant No.3, but was shown as a partner of defendant No.1. Original defendant No.3 is now impleaded as defendant No.4 and is shown as a partner of the newly added defendant No.3 viz. Pukhraj Polymers. The newly added defendant Nos.3 and 4 deal with the products sold under the said mark. Defendant Nos.4 and 5 are the other partners of the newly added defendant No.3. Defendant Nos.6 and 7 are the partners of defendant No.1. 5. In the circumstances, the notice of motion is made absolute in terms of prayers (a) and (b) against all the defendants i.e. defendant Nos. 3 to 7 also.