1 nms-3349-s-3028-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3349 OF 2010 WITH SUIT NO. 3028 OF 2010. M/s. Parksons Games & Sports Pvt. Ltd. ..Plaintiff. vs. Mr. Dharmesh M. Mehta & Anr. ..Defendants. .... Mr. Rashmin Khandekar, a/w. Ms. Bijal Trivedi, i/b. Bhagwati & Co., for Plaintiff. Ms. Smita R. Lad, i/b. Apex Law Partners, for Defendant No.2. .... CORAM : S.J. KATHAWALLA, J. DATE : 14TH JANUARY 2011. P.C. The learned Advocate appearing for Defendant No.2 has filed Affidavit of Defendant No.2 dated 13th January 2011. it is submitted on behalf of Defendant No.2 that Defendant No.2 had manufactured 15840 packs of playing cards bearing the mark “no.7 MARILYAN’ as per the order placed by one Champalal and M/s. Anand Traders, and had supplied the same to the said Champalal and M/s. Anand Traders. He states that except for the above 15840 packs of playing cards, he has not manufactured any cards bearing ‘No.7 Marilyan’. He undertakes not to manufacture any playing cards in the name of ‘No.7 MARILYAN’ or ‘MARILYAN No. 7’ or any other mark which is deceptively similar to the said marks in future as 2 nms-3349-s-3028-10 well. The undertaking is accepted. 2. In view of the above statements/undertaking by Defendant No.2, by consent of the parties, the Suit is decreed in terms of prayer clauses (a), (b) and (c). As far as prayer clause (d) is concerned, by consent the decree is passed in favour of Plaintiff and against Defendant No.2 for Re.1/- as and by way of damages for committing the acts of infringement and passing off. 3. Since Defendant No.1 had appeared before this Court on 20th December 2010 and had informed the Plaintiff that he is merely a trader, the Plaintiff is not pressing for any reliefs against Defendant No.1. 4. The Suit is accordingly disposed of. The Notice of Motion No.3349 of 2010 also stands disposed of. [ S.J. KATHAWALLA, J. ]