Calcutta High Court
Reckitt & Colman Of India Ltd vs M.P.Ramchandran & Anr on 22 June, 2010
Author: Maharaj Sinha
Bench: Maharaj Sinha
CS No.31 of 1996
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RECKITT & COLMAN OF INDIA LTD.
Versus
M.P.RAMCHANDRAN & ANR.
For the Plaintiff :Mr. Partha Basu, Advocate.
BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA
Date : 22nd June, 2010.
The Court:- Mr. Partha Basu learned Advocate appearing on behalf of the plaintiff submits that in view of the earlier interim order of injunction the defendant, M. R. Ramchandran has since not used the trademark in question and as such is not using the trademark in any advertisements which are the subject matter of the suit.
In view of such stand of the defendants, the plaintiff is not willing to proceed with the suit, as there is no necessity to proceed against the defendants at this stage as the defendants are admittedly not using the trademark in question in view of the earlier interim order.
The suit is dismissed for non-prosecution. There will be no order as to costs.
However, accepting the prayer of Mr. Basu, the plaintiff, needless to mention, will be entitled to initiate proceedings including suit, if in future any cause of action arises for such proceedings in favour of the plaintiff. 2
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(MAHARAJ SINHA, J.) nm A.R.(C.R.)