- 1 - 19.nms.3832.09 s.2820.09 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3832 OF 2009 IN SUIT NO.2820 OF 2009 Ajanta Pharma Ltd. ..Plaintiff -Versus- Anupam Biotech ..Defendant .......... Mr.Ashutosh Kane i/by Himanshu W. Kane for the Plaintiff. None for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 By an order dated 12th November 2009 (Coram : S.C.Dharmadhikari, J.), this Court inter alia recorded as under : ".....I am satisfied that a prima-facie case is made out that the impugned mark RAMAGRA is infringing the Plaintiff’s registered mark KAMAGRA. The class of goods is identical. Further, these are pharmaceutical preparations. A bare perusal of the packet would show that except the word ‘K’ on the product of the Plaintiff all other letters, packaging, get up and features are copied - 2 - 19.nms.3832.09 s.2820.09 by the Defendant. The goods are meant for export. The goods/product being pharmaceutical and medicinal preparations so also there being a seizure of some of the stocks effected in the State of Gujarat, this is a fit case where ad-interim injunction deserves to be granted. More so, when prima-facie case is made out and the balance of convenience is also in favour of the Plaintiff. 2 By the said order, this Court therefore proceeded to grant ad-interim reliefs in terms of prayer clauses (a) and (b), upto 3rd December 2009, which is extended till date. 3 Though the defendant is served and an affidavit of service dated 28th February 2011 is filed, the defendant has not remained present before this Court and has also not filed any reply to the Notice of Motion. In view thereof, for the same reasons as set out in the order dated 12th November 2009, the Notice of Motion is allowed in terms of prayer clauses (a), (b) and (c). 4 The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ] -