1 7-3652-08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3652 OF 2008 IN SUIT NO.2988 OF 2008 Camlin Limited .. Plaintiff Vs. M/s. Handy Products .. Defendant. Mr. Alankar A. Kirpekar, for the Plaintiff Mr. Tejas S. Patil-Hande, representative of Plaintiff’s company’s Proprietor Present. CORAM : S.J.KATHAWALLA.J. DATE : 28th JANUARY, 2011. P.C.: 1 Mr. Tejas Patil s/o. Defendant Mr. Sudam Patil, sole proprietor, appears and states that his father is 86 years old and that the entire business of the Defendant i.e. M/s. Handy Products is carried out by him. He submits that the earlier products of the Defendant are shown in the photographs annexed at Ex.”F” to “F-6” to the plaint. He has produced three bottles of gum/paste bottles (yellow 2 7-3652-08.sxw in colour) and has also produced the carton which is used for selling of fountain pen ink and has submitted that he is no longer using the surface pattern, colour combination etc., as regards which the Plaintiff had a grievance. He, therefore, submits that he has no objection in submitting to a decree in terms of prayer clauses (a) and (b). Accordingly, the suit is decreed in terms of prayer clauses (a) and (b). In view thereof, the learned Advocate for he Plaintiff is not pressing for prayer clauses (c) and (d). 2 Suit is accordingly disposed of. Notice of Motion No.3652 of 2008 also stands disposed of. 3 Refund of court fees, as per rules. 4 Certified copy of the order/decree is expedited. (S.J.KATHAWALLA, J.)