:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1483 OF 2006 OF MOTION NO. 1483 OF 2006 OF MOTION NO. 1483 OF 2006 IN IN IN SUIT SUIT SUIT NO.1277 OF 2006 NO.1277 OF 2006 NO.1277 OF 2006 M.P. Ramchandra and another ..Plaintiffs V/s M/s Subrite Industries and others ..Defendants Mr.A.H. Kane i/b Mr. Himanshu W. Kane for the Plaintiffs CORAM CORAM CORAM : : : A.A. SAYED, J. A.A. SAYED, J. A.A. SAYED, J. DATE DATE DATE : : : 3RD OCTOBER, 2008 3RD OCTOBER, 2008 3RD OCTOBER, 2008 P.C. 1. Heard the learned Counsel for the plaintiffs. 2. The learned Counsel for the plaintiffs states that motion has been served upon the defendants and undertakes to file the original affidavit of service dated 3rd May, 2006 and/or file fresh affidavit of service within a week from today. A photocopy of the affidavit of service dated 3-05-2006 is taken on record and marked ’X’ for identification. 3. None appears on behalf of the defendants, though served. No reply has been filed by the defendants to oppose the notice of motion. The assertion made in the affidavit in support of the :2: motion therefore, remain uncontroverted. 4. The plaintiffs have filed suit against the defendants inter-alia for injunction restraining the defendants from infringing their registered Trade Mark by using in relation to liquid blue or whitening agent or similar goods, the impugned "UJALA" label or any other deceptively similar label or by using word mark "UJALA" or any other trademark deceptively similar to the plaintiffs’ said registered trade mark or in any other manner whatsoever and from infringing the plaintiffs’ copyright in their artistic work namely "UJALA" label which is registered, and from passing of the goods of the defendants as that of the plaintiffs. 5. The Notice of Motion has been taken out for the following reliefs:- "(a) that pending the hearing and final disposal of the suit the Defendants by themselves, their proprietors, partners, servants, agents dealers, traders distributors and stockists be retrained by a temporary order and injunction of this Hon’ble Court from infringing the plaintiffs copy right in the artistic work namely UJALA label shown in Exhibit "A" hereto and registered under No. A-49153/88-Co by reproducing publishing or :3: using the impugned UJALA bottle or the label shown in Exhibit "D" to the plaint or any other label which is a colourable imitation or a reproduction of the plaintiffs said artistic work registered under No.A-49.153/88-C0 or substantial part thereof or in any other manner whatsoever; (b) that pending the hearing and final disposal of the suit the Defendants by themselves, their proprietors, partners, servants, agents dealers, traders distributors and stockists be restrained by a temporary order and injunction of this Hon’ble Court from infringing the plaintiffs’ registered trade mark bearing No. 477244B in Class 03 and/or NO.833590 in class 02 by using in relation to liquid blue or whitening agent or similar goods the impugned UJALA label shown at Exhibit "D" to the Plaint or by using the word mark ’UJALA’ or any other trade mark deceptively similar to the plaintiffs’ sand registered trade mark or in any other manner whatsoever; (c) that pending the hearing and final disposal of the suit the Defendants by themselves, proprietors partners, servants, agents, dealers, traders and distributors and stockists be restrained by a temporary order and injunction of this Hon’ble Court from manufacturing, selling, distributing, exhibiting for sale or advertising liquid blue or whitening agent or similar goods bearing the impugned UJALA label, word mark UJALA or the bottle shown in Exhibit "D" to the plaint any other deceptively similar bottle, label or mark so as to pass off or enable others to pas off the Defendants’ liquid blue, whitening agent or similar goods as and for the goods of the plaintiffs; (d) that pending the hearing and final disposal of the suit the Court Receiver, High ?Court Bombay be appointed under Order XL Rule 1 of Civil Procedure Code, 1908 as the Receiver of defenders’ goods packed in the :4: impugned bottles shown at Exhibit "D" hereto and of the Defendants’ empty bottles bearing the impugned trade mark with all powers to enter in the premises of the Defendants and/or their agents, traders, distributors, stockist, and/or dealers at any time day or night without notice to the Defendants and with the help of the police if necessary, to seize and take charge, possession and control of all the goods packed in the impugned bottles shown at Exhibit "D" hereto and.or of empty bottles shown at Exhibit "D" hereto and also to take charge and possession of all other goods, things records, account books showing manufacture, stock and/or sale of goods bearing the impugned trade mark and/or packed in the bottles shown at Exhibit "D" hereto in possession and control of the Defendants and/or agents, traders,dealers, distributors and stockists. 6. By order dated 4th May, 2006 this Court was pleased to grant ad-interim relief in terms of prayer clause (a),(b) and (d). Subsequently, leave under order XIV of Letters Patent was obtained to combine the causes of action for passing off with the cause of infringement of copyright and trade mark and prayer (c) of the motion is also now passed. 7. Considering the facts and circumstances, prima facie case is made out. The Notice of Motion is therefore, made absolute in terms of prayer clause (a),(b),(c) and (d). :5: 8. Notice of motion is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)