NMS1602-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1601 OF 2010 SUIT NO.1567 OF 2010 Alkem Laboratories Ltd. .. Plaintiff Versus M/s.Heilmittel Pharmaceuticals .. Defendants Mr.Raj Rao i/b. M.A.Mahadgut for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 8th September 2010. P.C.: 1] From the affidavit of service that is filed on 28th June 2010, it is clear that the copies of the plaint along with Exhibits, notice of motion, affidavit in support was despatched by courier to the defendants address and the report from the courier shows that the packet was duly delivered. 2] The affidavit, therefore, proves service and despite such service, none appears on behalf of defendants nor were defendants present to NMS1602-10 2 controvert any of the allegations in the plaint. It is in such circumstances that the Court passed an ex parte ad-interim order on 8th July 2010. Despite absence of defendants or their Advocate, the Court satisfied itself from the materials produced, that prima facie case is made out. 3] In these circumstances, there is no impediment in allowing this motion in terms of the ad-interim order. Accordingly, the motion is made absolute in terms of prayer clauses (a) and (b). No costs. (S.C.DHARMADHIKARI, J)