1 conp-133-2k-nm-2598-99-s-4746-99 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CONTEMPT PETITION NO. 133 OF 2000 IN NOTICE OF MOTION NO. 2598 OF 1999 IN SUIT NO. 4746 OF 1999. Procter & Gamble Hygiene & Health Care Limited & Ors. ..Petitioners/ Plaintiffs. v/s. Alisto Pharmaceuticals & Ors. ..Respondents. .... Mr. Nishad Nadkarni, i/b. Legasis Partners, for Petitioners. Mr. Parag Shah, i/b. Bharat Shah & Co., for Respondent Nos. 1, 3 & 4. Mrs. Shefali Chheda, Representative of the Petitioners is present. .... CORAM : S.J. KATHAWALLA, J. DATE : 19TH NOVEMBER 2010. P.C. This Contempt Petition is filed by the Petitioners against the Respondents, on the ground that the Respondents have committed breach of the order passed by this Court dated 10th August 1999 and have inter alia sold their impugned product ‘Active 500’ which is similar/deceptively similar to the Petitioners’ product/mark ‘Action 500’, thereby passing off the Respondents goods/product as that of the Petitioners’ goods/product. 2. The learned Advocate appearing for the Petitioners has at the outset stated that Petitioner No.2 is no longer in existence and 2 conp-133-2k-nm-2598-99-s-4746-99 has merged into the parent Company i.e. Petitioner No.3. He has further stated that he is not pressing the Contempt Petition against the Respondent No.2 which is a medical store. 3. The learned Advocate appearing for the Respondent Nos. 1, 3 and 4 states that his clients have already stopped use of the impugned labels and packaging annexed at ‘I’, ‘L’ and ‘O’ to the Petition. He further undertakes on behalf of his clients Respondent Nos. 1, 3 and 4 that they shall not either by themselves or by their partners, servants, agents and or other persons claiming through them manufacture, sell, advertise and or offer to sell any products under the impugned packaging or labels annexed at ‘I’, ‘L’ and/or ‘O’ to the Contempt Petition or any other labeling, packaging, identical or deceptively similar to the ‘DISTINCTIVE ACTION 500’ cartons or strips and/or bearing the mark ‘Active 500’ and or ‘Action 500’ and/or any other mark identical or deceptively similar to the mark ‘Action 500’. The above undertakings on behalf of the Respondent Nos. 1, 3 and 4 are accepted. 4. The Contempt Petition is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]