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.
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.)