IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4109 of 1990. SUIT NO.4109 of 1990. SUIT NO.4109 of 1990. Unique Pharmaceutical Laboratories ..Plaintiffs versus Vishal Pharmaceuticals ..Defendants Mr.Suraj Shah i/b. Suresh Shah for the Plaintiff None for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 13th August, 2008. DATED : 13th August, 2008. DATED : 13th August, 2008. P.C. 1. The present suit is filed for an Order of injunction restraining the defendants from using the mark "Metrovil" and the plaintiffs have a product by name "Metrogyl". The plaintiffs have also filed suit for damages to the tune of Rs.10,000/-. 2. I have perused the written statement. In paragraph 2 of the written statement following admissions are made "The defendants further submit that defendants have already stopped manufacturing the product "Metrovil" whose proprietor is Vipinchandra Manjulal Shah" when I pointed out this admission on part of the defendant No.2, the -2- learned advocate for the plaintiffs submitted that if the Court is inclined to accept this statement then the plaintiffs may like to have the suit disposed of. Having mentioned in the written statement that the production of the product "Metrovil" has been stopped by the defendants. It is a solemn statement made by them and hence the same can be accepted. 3. Accordingly, I accept the statement made by the defendants in paragraph 2 quoted above. 4. On hearing this,the learned Advocate Mr. Suraj Shah applies for withdrawal of the suit. He further prays that in future if the plaintiffs come across any product by name "Metrowil" manufactured by the defendants, the plaintiffs be permitted to protect their rights. Request is fair and can be granted. 5. For the reasons mentioned above, I pass the following order: ORDER -3- i. Statement made by the defendants in paragraph 2 as "The defendants further submit that the defendants have already stopped manufacturing the product Metrovil whose proprietor is Vipinchandra Manjulal Shah." is accepted. ii. Plaintiffs are permitted to withdraw the suit in view ofthe statement being accepted. iii. If the plaintiffs notice breach of their rights in regard to the product "Metrowil" by the defendants in future, they are at liberty to file fresh suit against the defendants. . There shall be no order as to costs. . Since the suit is withdrawn the plaintiffs will be entitled for refund of court fees as per the rules. Accordingly, refund of Court fees is granted. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)