- 1 - 12.nms.2114.10 s.1884.09 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2114 OF 2010 IN SUIT NO.1884 OF 2009 Dr.Ashok Bhat & Anr. ..Plaintiffs -Versus- Shewakram D. Valeja (through mr.Sunil Shewakram Valeja Constituted Attorney of the Defendant) ..Defendant .......... Mr.V.A.Bhagat a/w. Mr.Punit Jani /b G.S.Hegde & V.A.Bhagat for the Plaintiffs. Mr.Amit Kukreja for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 8TH SEPTEMBER 2011. P.C. 1 The defendant has taken out this Notice of Motion seeking the modification of an interim order dated 29th August 2009 and permission to use a newly produced wrapper package as per the sample annexed. 2 By the said order dated 29th August 2009 passed in Notice of Motion No.2975 of 2009 in the above suit was ad-interim order reliefs were - 2 - 12.nms.2114.10 s.1884.09 granted. However, the Notice of Motion was confirmed in terms of the said ad-interim order. By the said order, the defendant was restrained from infringing plaintiffs’ registered trade mark, registered copyright and from passing off its goods as those of the plaintiffs. The learned Judge, however ordered that the defendant was not prevented from manufacturing, marketing, selling and/or using in relation to their product Brilliantine the mark ‘APSARA NEHA’ but the injunction was restricted to the green label mark and the use thereof. 4 The defendant has indeed established his bona-fide by approaching this Court with leave to use a label as per the sample annexed to the affidavit-in-support. However, it will be necessary for the Court to decide whether the sample of the new work would violate the interim order only in the event of the same being used or in the event of the plaintiffs adopting any proceedings to restrain the use thereof. 5 It is not for the Court, at this stage, to advice either of the parties about the use of the material as per the sample annexed. With the above observations, the Notice of Motion is disposed of. -