IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.2580 OF 2007 IN SUIT NO.1899 OF 2007 Lupin Limited ..Plaintiff. Vs. Auroma Lifesciences Private Ltd. ..Defendant. .... Mr. Rahul Chitnis with Ms. Vaishali Maniar i/b Indian Law Services for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 23rd June, 2009. P.C. : The suit has been instituted for infringement and passing off. The Plaintiff is a registered proprietor of the mark “CETIL” which has been used and adopted in relation to pharmaceutical products. The Defendant commenced the use of the mark “CETIL” with the addition of the words 100 and 200. The packing of the Plaintiff is at Exhibit B to the Plaint while that of the Defendant is at Exhibit D. Ex facie, it would appear that the mark of the Defendant is deceptively similar to the mark of the Plaintiff and is intended to pass off the goods of the Defendant for those of the Plaintiff. The Plaintiff is a registered proprietor of the mark “CETIL” and has carried out extensive business under the mark. The sales figures of the Plaintiff as disclosed at Exhibit C to the Plaint show a substantial turnover. An ad interim order was passed on 27th July, 2007. The Defendant has been served but has not entered appearance. The Plaintiff has made out a prima facie case for the grant of relief as sought in the Notice of Motion. The balance of convenience is in favour of the Plaintiff. The Plaintiff has made out a case that an irreparable injury would be caused unless an interim order were to be passed. The Notice of Motion is accordingly made absolute in terms of prayer clauses (a) and (b). *****