1 nms2990.06.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2990 OF 2006 IN SUIT NO. 2510 OF 2006 Skol Breweries Ltd. ..Plaintiff Vs. Jagpin Breweries Ltd. & Ors. ..Defendants. Mr. A.H.Kane i/b H.W. Kane for the Plaintiff. None for the Defendants. CORAM : A.A. SAYED, J. DATE : 8TH MARCH 2011. P.C. 1. The suit is in respect of infringement and passing of of the plaintiffs trade mark. By ad-interim order dated 21st September, 2006, this Court passed the following order : “ 1.The suit is filed for infringement and passing of in respect of the Plaintiff's mark of which the figure "5000" forms a material part. 2. It is not necessary for me to deal with the facts in any detail in view of the earlier orders in similar matters passed inter-alia by this Court including the order dated 20th June, 1996 in Notice of Motion No. 1259 of 1994 in Suit No.2037 of 19;94, order dated 17th November, 2004 in Notice of Motion No. 3480 of 2004 in/suit NO. 3443 of 2004 and in the case of "shaw Wallace and Company Ltd.& Anr. V/s Mohan Rocky Spring Water Breweries Ltd. (2006 (4) Maharashtra Law Journal)." 2 nms2990.06.sxw 3. The present case stand covered by the aforesaid orders and judgments. This is not disputed by the Defendants. 4. In the circumstances, ad-interim order in terms of prayer (a),(b) and(c) except the words bracketed in red in each of the prayers. 5. The order in so far as prayer (c) is concerned is stayed for a period of four weeks subject to the Defendants filing an affidavit disclosing the stock bearing the impugned mark wherever lying on or before 26th September,2006. 6. It is made clear that in the event of the affidavit not being so filed, the stay shall stand vacated without further orders." 3. None appears on the behalf of the Defendants. The learned Counsel for the plaintiff submits that the ad-interim order may be confirmed. 2. Considering the facts and circumstances of the case and the fact that the ad-interim order is now operating for about 5 years, the ad-interim order dated 21st September, 2006 is confirmed and shall operate during the pendency of the suit. Notice of Motion is disposed of accordingly. ( A.A. SAYED, J. )