1 nms-3049-s-2838-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3049 OF 2010 WITH SUIT NO. 2838 OF 2010. M/s. Parvati Packers. ..Plaintiff. vs. Mohan Nasta & Anr. ..Defendants. .... Mr. V.R. Dhond, a/w. Mr. Vishal Kanade, Ms. Bijal Trivedi, i/b. M/s. Bhagwati & Co., for Plaintiff. Mr. Rajiv Mane, for Defendant No.1. Mr. Sahil Sayed, i/b. Apex Law Partners, for Defendant No.2. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH JANUARY 2011. P.C. The learned Advocate appearing for the Defendant No.2 has filed Affidavit of Defendant No.2 dated 11th January 2011. The Defendant No.2 is present in person. He states that he had manufactured 1200 packs of playing cards bearing the mark ‘New Nylon No.7’ as per the order placed by one Champaklal and had supplied the same to the said Champaklal. He states that except for the above 1200 packs of playing cards, he has not manufactured any cards bearing ‘New Nylon No.7’. He undertakes not to manufacture any playing cards in the name of ‘Nylon No.7’ or ‘New Nylon No.7’ or any other mark which is deceptively similar to the said marks in future as well. The undertaking is accepted. 2. Mr. Mane, learned Advocate appearing for Defendant No.1 undertakes on behalf of Defendant No.1 that he shall not 2 nms-3049-s-2838-10 manufacture and/or sell any playing cards bearing the trademark ‘Nylon No.7’ or ‘New Nylon No.7’ or any other mark which is deceptively similar to the Plaintiff’s mark ‘Nylon No.7’ at any time in future. The undertaking is accepted. 3. In view of the above statements/undertakings by Defendant Nos. 1 and 2, by consent of the parties, the Suit is decreed in terms of prayer clauses (a) and (b). As far as prayer clause (c) is concerned, the decree is passed in favour of the Plaintiff and against the Defendants for Re.1/- each as and by way of damages for committing the acts of infringement and passing off. 4. The Suit is accordingly disposed of. The Notice of Motion No.3049 of 2010 also stands disposed of. [ S.J. KATHAWALLA, J. ]