- 1 - 21.nms.987.11s.676.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 987 OF 2011 IN SUIT NO. 676 OF 2011 Excel Crop Care Limited ..Plaintiff -Versus- Vallabh Pesticides Limited ..Defendant .......... Ms.Usha Chandrasekhar i/b M/s.Bhagwati & Co. for the Plaintiff. Mr.Mr.Aditya Thakkar a/w. Ms.Aparna Das i/b Mr.Sachin Joshi for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 29TH SEPTEMBER 2011. P.C. 1 The defendant has no objection to the Notice of Motion being confirmed in terms of the ad-interim orders dated 22nd March 2011. The defendant only seek a return of the contents of the packaging containing the impugned mark and artistic work. 2 In the circumstances, the Notice of Motion is made absolute in terms of ad-interim orders dated 22nd March 2011. The Court Receiver shall permit the defendant to remove the contents from the packets seized by the Court Receiver. - 2 - 21.nms.987.11s.676.11 3 In the circumstances, the Notice of Motion is made absolute in terms of prayers [a], [a(i)], [a(ii)], [b] and [c]. Prayer [b] shall be complied with by furnishing the particulars on affidavit on or before 15th November 2011. The costs of the Court Receiver shall be paid by the defendant. The Court Receiver shall file a report which shall also include the costs of the Court Receiver. 4 At the request of the defendant in order to avoid further costs, the Court Receiver shall, after making an inventory in presence of both the parties, dispose of the impugned material, after the contents are taken out by the defendant. -