1 s2929-02 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2929 OF 2002 Cipla Limited ....Plaintiff V/s. Sun Generics & Anr. ....Defendants Mr.Manish Saurashtri i/b Shantilal & Co. for the Plaintiff. Mr.Ashutosh Khandeparkar for Defendant Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATE : 29TH JULY, 2011. P.C. :- 1. Mr.Saurashtri tenders an affidavit in lieu of the examination in chief. He also tenders a compilation of the documents. The same is taken on record and marked Exhibit “A” collectively. 2. The learned counsel appearing on behalf of the defendants do not wish to cross-examine the witness. in view of the fact that the defendants do not want to contest the matter except as to the claim for damages. 3. The learned counsel appearing on behalf of the defendants makes a statement that the defendants have, prior to the suit, stopped using the impugned mark “OFLOX”. He further makes a statement that the defendants have no intention to and shall not use the said mark or 2 s2929-02 any mark deceptively similar thereto in future. The statements are accepted. 4. The plaintiff has claimed damages in the sum of Rs.1.00 lac. In the facts of the present case, I am not inclined to grant damages in view of the stand taken by the defendants even before the suit was filed. It is not clear therefore, as to whether damages were in fact sustained. 5. In the circumstances, the suit is decreed in terms of prayers (a) and (g). The costs to be quantified as per rules.