Bombay High Court
Powerica Limited vs Powerind Pvt. Ltd. And 3 Ors on 8 March, 2019
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
Nitin 1 / 2 915-NMCD-623-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION NO. 623 OF 2019
IN
COMIP NO. 295 OF 2019
Powerica Ltd. ... Plaintiff
Versus
Powerind Pvt. Ltd. And Ors. ... Defendants
Mr.Raj Patel a/w. Ms.Nupur Awasthi I/b. M/s.Consulta Juris for the Plaintiff.
Mr.Manoj Pandit for Defendant Nos. 1 and 3.
CORAM : S.J. KATHAWALLA, J.
DATED : 8TH MARCH,2019 P.C.:
1. The learned Advocate appearing for Defendant Nos. 1 and 3 on instructions undertakes that Defendant Nos. 1 and 3 have never used the logo, shown at Page 24 of the Plaint and except for using the name 'Powerind' as part of its trading name they do not intend to use the same in future. The undertaking is accepted.
2. The learned Advocate appearing for Defendant Nos. 1 and 3 on instructions undertakes that within a period of two weeks from today, they shall file an Application with the Trade Mark Registry, Bangalore seeking withdrawal of the registration of the logo / mark shown at page 24 of the Plaint and within a period of three weeks from today, a copy of the said Application along with acknowledgement received from the ::: Uploaded on - 11/03/2019 ::: Downloaded on - 14/03/2019 14:34:18 ::: Nitin 2 / 2 915-NMCD-623-2019.doc Trade Mark Registry, Bangalore, shall be forwarded to the Advocate for the Plaintiff by the Advocate for Defendant Nos. 1 and 3.
3. The above undertakings are accepted.
4. Defendant Nos. 1 and 3 shall file their Affidavit in Reply on or before 18 th March, 2019. In the meantime, the earlier ad-interim order shall continue.
5. Place the above Notice of Motion on 18 th March, 2019, for further ad- interim reliefs.
( S.J.KATHAWALLA, J. ) ::: Uploaded on - 11/03/2019 ::: Downloaded on - 14/03/2019 14:34:18 :::