- 1 - 18.nms1106.09 s.595.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1106 OF 2009 IN SUIT NO.595 OF 2010 Lupin Limited ..Plaintiff -Versus- Zee Laboratories & Anr. ..Defendants .......... Mr.Amit Jamsandekar i/by India Law Services for the Plaintiff. None for the Defendants. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 By this suit, the plaintiff has alleged that the defendants by using the mark M-CIN for their pharmaceutical products have infringed their registered trademarks "R-CIN", "R-CIN 150", "R-CIN 600", L-CIN 250", "L- CIN-500", "G-CIN and "K-CIN". Exhibits A-1 to A-8 to the plaint are the copies of their trade mark certificates. It is further alleged that the defendants by using the mark M-CIN are also passing off the plaintiff's goods/products as that of the defendants. By an order dated 26th February 2009, ad-interim relief in terms of prayer clause (a) was granted - 2 - 18.nms1106.09 s.595.10 in favour of the plaintiff and against the defendants. Though the said order is served on the defendant no.1, they have not filed their reply to the Notice of Motion. Instead the defendants have written a letter dated 13th April 2009 for the Advocate of the plaintiff inter alia recording as follows : " Without prejudice to our rights and contentions and to maintain harmony we are willing to undertake not to manufacture or /and market any product bearing impugned mark M-CIN, subject to your withdrawal of the suit no.416/2009, filed by you in the Hon'ble High Court of Bombay, as regards us i.e. Zee Laboratories is concerned." 2 The learned advocate appearing for the plaintiff has informed this Court that he has spoken to the defendants over the phone and asked them to attend the Court and give their undertaking as recorded in their letter dated 13th November 2009 to the Court. However, the defendants have not come forward to make any statement or to give any undertaking as recorded in the letter dated 13th November 2009. In view thereof, the Notice of Motion is allowed in terms of prayer clauses (a) and (b). 3 The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ] -