IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.444 OF 2009 IN SUIT NO.219 OF 2009 Aviat Health Care Pvt. Ltd. & Anr. .... Plaintiffs Vs. M/s. Roma Pharma (P) .... Defendants Sarvasri Ravi Kadam, Senior Counsel a/w Ashish Kamath i/b M/s. Bharat Shah & Co. for the Plaintiffs. Shri H.J. Engineer i/b M/s. Gordhandas & Fozdar for the Defendants. CORAM: CORAM: CORAM: SHRI A.V. NIRGUDE, J. DATED: DATED: DATED: FEBRUARY 10, 2009 P.C: P.C: P.C: The defendants’ Advocate makes a statement that his client has stopped using the impugned mark, yet in order to protect the interest of the plaintiffs as well as of the public at large, there shall be order in terms of the prayer clauses (a) and (b) of the notice of motion. In view of the consent of the defendants’ Advocate for passing of such order, the motion stands disposed of in above terms. (A.V. Nirgude, J.) sjs/F9nm444.9 sjs/F9nm444.9 sjs/F9nm444.9