Settlement of suit No. 791 of 2009 regarding registration of domain name www.punemirror.com. Court recorded consent terms and passed decree against respondent No. 2 for transfer of domain.
Decree against respondent No. 2 to transfer and register domain name www.punemirror.com to plaintiff within two days of intimation of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6-S791-09.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 791 OF 2009
Bennett, Colman & Company Ltd.…Plaintiffs
Versus
Anil Gupta & Anr.…Defendants
Mr. Sandip Parekh, i/b M/s. Crawford Bayley & Co., for the
Plaintiffs.
Mr. Sachin Kudalkar, i/b M/s. Madekar & Co., for Defendant No. 1.
CORAM:G.S. PATEL, J
DATED:7th July 2014
PC:-
1.The suit has been settled. Consent terms are tendered. The
consent terms are taken on record and marked ‘X’ for
identification. These are signed by the 1st Defendant himself and by
one Mr. Kunal Endait, the Senior Legal Manager of the Plaintiff.
2.As regards the 2nd Defendant, although he has not signed
the consent terms, in my view, it is just and equitable that an order
be made in terms of clause (5) of the consent terms. There shall be
a decree against the 2nd Defendant that it shall within two days of
intimation of an authenticated copy of this order, transfer the
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6-S791-09.DOC
domain name www.punemirror.comto the Plaintiff and register it
to the Plaintiff so as to show the Plaintiff as registered on the whois
records for the purposes of ICAAN records.
3.As against the 1st Defendant, there will be an order in terms
of the consent terms disposing of the suit. There will be no order as
to costs. Refund of Court Fees in accordance with the Rules.
4.All concerned to act on an authenticated copy of the minutes
of this order.
5. Drawn up decree is dispensed with.
6.Mr. Parikh confirms that the 1st Defendant has handed over
the user name and password for complete administrative level
access for the domain name registration purpose at bigrock.in.
(G. S. PATEL, J.)
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Bennett, Colman & Company Ltd.
Anil Gupta
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court