JUDGMENT

S.J. Kathawalla, J. - The Plaintiffs seek to move without notice for the reasons set out in paragraph 23 of the Plaint and paragraph 5 of the Affidavit in support of Notice of Motion. This is an action for infringement of Plaintiffs'' registered trade mark and copyright combined with a cause of action for passing off.

2. The Plaintiff No. 1 is described as a private limited company incorporated under the Companies Act, 1956 and carrying on business inter alia as manufacturer and exporter of pharmaceutical, medicinal preparations and health care products in India. The Plaintiff No. 2 is described as a Company organized and existing under the laws of British Virgin Islands and is carrying on business in India through its Licensee the Plaintiff No. 1. The Plaintiff No. 2 is the owner of various trade marks and Copyrights including the trade mark/label Super Apeti originally belonging to Plaintiff No. 1. By Deed of Assignment dated 15th January 2009, the Plaintiff No. 2 has acquired the trade marks and Copyrights of Plaintiff No. 1 along with the goodwill. The Plaintiff No. 1 is now the Licensee of various trade marks, copyrights belonging to Plaintiff No. 2 including the trade