Suit settled by consent with terms for destruction of infringing material. Court decreed suit as per consent terms without drawn-up decree.
Suit decreed in accordance with Consent Terms; packaging with infringing material to be destroyed by defendant.
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905-S1017-15.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1017 OF 2015
…Plaintiff
Pidilite Industries Limited…Plaintiff
Versus
Bholenath Industries…Defendant
Mr. Sumeet Rane, i/b Legasis Partners, for the Plaintiff.
Ms. Tanuja Liman, i/b Avesh Kayser, for the Defendant.
CORAM: G.S. PATEL, J DATED: 8th July 2016
PC:-
1.The Suit is settled. Consent Terms are tendered. These are
signed by one Mr. Vijay Galani on behalf of the Defendant and by
Mr. Samir Pradhan (Head-Legal) on behalf of the Plaintiff. They are
also signed by the Advocates for respective parties. Mr. Pradhan is
personally present in Court.
2.I have seen the Consent Terms. They are in order. I am
satisfied that they are not contrary to law; that they reflect the true
intention of the parties; and have been drawn by the parties of their
own volition.
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8h July 2016
905-S1017-15.DOC
3.The Consent Terms are taken on record and marked “X” for
identification. The undertakings in the Consent Terms are accepted
as undertakings to the Court.
4.The Suit is decreed in accordance with the Consent Terms.
Drawn up decree is dispensed with.
5. Refund of court fees, if any, in accordance with the Rules.
6.Parties agree that the packaging or bottles containing
infringing material are to be destroyed by the Defendant at their own
costs in the presence of the representatives of the Plaintiff within a
period of four weeks from today. Court Receiver, if appointed, to
stand discharged without passing account but on payment by the
Plaintiffs within four weeks of his costs, charges and expenses.,
(G. S. PATEL, J.)
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8h July 2016
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court