1 s2622-02 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2622 OF 2002 Smithkline Beecham Plc. & Anr. ....Plaintiffs V/s. Technichem Pharmaceuticals Pvt. Ltd. & Ors. ....Defendants Mr.Ramesh Gajria i/b M/s.Gajria & Co. for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 22ND JULY, 2011. P.C. :- 1. This is a suit for infringement and passing off. The plaintiffs are the registered proprietors of the mark “PANADOL”. The defendants have used the identical mark. The sales figures and the advertisement expenses mentioned the plaint establishes the plaintiffs’ enormous reputation in the mark. The plaintiffs have therefore, established their claim for infringement and passing off. The plaintiffs have claimed only a nominal damages of Rs.51,000/-. Considering the sales figures, it is obvious that the plaintiffs have claimed only nominal damages. I am inclined therefore, to draw an adverse inference against the defendants for not having remained present and not filing the written statement to the effect that they have remained absent knowing that their records 2 s2622-02 would indicate that the plaintiffs have suffered damages in excess of what is claimed. 2. In the circumstances, the suit is decreed in terms of prayers (a), (b) and (i). Costs to be quantified as per rules. Refund, if any, as per rules.