IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2214 OF 2005 IN SUIT NO.2055 OF 2002 Raymond Ltd. ..... Plaintiff V/s. Manoj Jyothi, Prop. Of M/s.Classic. ..... Defendant Mr.Sahil Shah i/b M/s.Rajani Associates, for the Plaintiff. None for the Defendants. CORAM : A.V.NIRGUDE, J. DATED : 08th August, 2008. P.C. 1. Perused the plaint and annexures. The averments in the plaint and affidavit in support of the notice of motion have gone unchallenged. The defendant is absent. The defendant has preferred not to file any reply. The learned Advocate for the plaintiff informed the Court that defendant had sent a letter to the plaintiff stating that he would settle the matter ( copy of the letter is taken on record). But despite such assurance, no settlement took place. The defendant neither removed the offending mark from the sign board of his shop. A prima facie case is made out in favour of the plaintiff. Hence, the notice of motion is allowed in terms of prayer Clauses (a), (b), (d) and (e). The notice of motion accordingly stands disposed of. ( A.V.NIRGUDE, J. )