- 1 - 23.nms.2525.08 s.1867.08 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2525 OF 2008 IN SUIT NO. 1867 OF 2008 Akruti City Limited ..Plaintiffs -Versus- Aakruti Estates Private Limited, Gujarat ..Defendants .......... Mr.Rahul Chitnis i/b Mr. Anil R. Mishra for the Plaintiffs. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST 2011. P.C. 1 The defendants are absent. There is no affidavit-in-reply. The defendants were absent when the ad-interim order dated 14th August 2008 was passed. The plaintiffs are the registered proprietor of the label mark ‘AKRUTI’ wherein the word forms an essential and dominant feature. The defendants have used the identical work mark ‘AAKRUTI’ in its corporate name. 2 In this view of the matter, it is necessary to consider the plaintiffs action on the basis of passing off at this stage. - 2 - 23.nms.2525.08 s.1867.08 3 In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). The Notice of Motion is accordingly disposed of. -