-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. l293 of 2005 in Appeal No.399 of 2005 in Notice of Motion No.l255 of 2005 in Suit No. ll75 of 2004 Procter & Gamble Hygiene And Health Care Ltd and anr ...appellants vs Narsons Pharmaceuticals ..respondents Dr. Vishal Nadkarni i/b D.S.K.Legal for appellants None for the respondents CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. Dated 27.4.2005 Dated 27.4.2005 Dated 27.4.2005 P.C: Mentioned not on board. . Heard Mr.Nadkarni appearing for the appellants. Perused the record including order of the learned single Judge. . Prima facie the packaging of the defendants is similar to the packaging of the plaintiffs and though there is difference in the name there is similarity which is likely to confuse a person of average intelligence with imperfect recollection. -2- . In view of the decision of the Apex Court in Cadilla Health Care vs Cadilla Pharmaceuticals reported in AIR 200l SC l952 and for the reasons stated in para 34 of the plaint, we issue ad-interim relief in terms of prayer clauses (a) to (d) of the notice of motion. . The appellants to comply with the provisions of Order 39 rule 3 one week after the Receiver implementing the order,otherwise in matter such as this the whole purpose of the order will be frustrated if the defendant is given noitce of the exparte order before Receiver takes possession. . Motion to be posted for hearing on 4.5.2005. . All the parties concerned including the Prothonotary and Senior Master and Court Receiver to act on the ordinary copy of this order duly authenticated by the Private Secretary.