-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3431 OF 2007 IN SUIT NO. 2476 OF 2007 Blue Foods Pvt.Ltd. : Plaintiffs v/s Decluca’s Gelato Italiano & anr : Defendants Ms. Deepa Hate i/b Gajria & co.plaintiff Mr.Amit Jamsandekar i/b Wadia and Udeshi for respondent no.1 and 2. Coram : S.J. Kathawalla, J. Date : 6.10.2008 P.C. . Learned Advocate appearing for the The plaintiffs submit that the suit filed against the Defendant is in the nature of passing of action. After the said suit was filed the mark of the plaintiffs ’Gelato Italiano’ is registered. The plaintiff is therefore wanting to amend the plaint and include the averments and prayers pertaining to infringement of their said mark. . Learned Advocate for the plaintiff therefore seeks to withdraw the above notice of motion with liberty to file a fresh motion after carrying out necessary amendments to the plaint. -2- . The plaintiff is allowed to withdraw the Notice of motion with liberty to take out a fresh motion inter alia seeking reliefs which are sought in this Notice Of Motion. Notice of Motion therefore stands dismissed as wthdrawn. (S.J. Kathawalla,J.)