- 1 - 1.s.2461.2001 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2461 OF 2001 WITH LEAVE PETITION NO. 530 OF 2011 Asian Paints (I) Ltd. ..Plaintiff -Versus- Sanjari Colour Traders ..Defendant .......... Mr.Manish Saurashtri a/w. Ms.Mamta Chandan i/b Shantilal & Co. for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 10TH AUGUST 2011. P.C. 1 The plaintiff has limited the action to one for infringement of copyright and for damages. Only nominal damages have been claimed. 2 The plaintiff is the owner of the copyright in two works. The first is the devise of a boy holding a brush in his right hand extended from his body at about 45 degrees. The left hand is bent with the fist on the hip. There is a can of paint near the left leg. The second copyright work consists of the same devise of a boy with the addition of the plaintiff’s corporate name written in a stylized manner. - 2 - 1.s.2461.2001 3 This is not merely a case of infringement. This is really a case of counterfeit as well. The same device including the name of the plaintiff is placed on the defendant’s products in the same manner in which the plaintiff has placed the devise on its products. The plaintiff has, therefore, established a case of infringement. 4 The defendant is absent. There is no written statement. The plaintiff has examined one Mr.Sunil Jaifalkar, Legal Executive by filing his affidavit in lieu of examination-in-chief in 21st July 2011. The witness has confirmed the truth of the contents of the affidavit. The defendant was absent. Hence there was no cross-examination. The plaintiff has also tendered various documents which are taken on record and marked ‘A’ collectively. 5 There is nothing on record that belies the averments and submissions made in the plaint. 6 The plaintiff claimed nominal damages of Rs.51,000/-. An adverse inference is justified to the effect that the defendant has deliberately not appeared and produced its record as if it had done so the same would have established that the plaintiff had suffered damages at least to the extent claimed. - 3 - 1.s.2461.2001 7 In the circumstances, the suit is decreed in terms of prayers (d), (f), (g), and (h). The defendant shall comply with prayer (d) within eight weeks of being served with a copy of this order by the plaintiff/plaintiff’s advocate. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -