Suit for trademark infringement and passing off disposed of by a decree under consent terms submitted by the defendant.
Decree in terms of consent terms allowing infringement and passing off claims.
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902.s.1065.2015.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1065 OF 2015 WITH LEAVE PETITION NO. 226 OF 2015 IN
SUIT NO. 1065 OF 2015 WITH
NOTICE OF MOTION NO. 2172 OF 2015
Galpha Laboratories Ltd. ...Plaintiff
vs
J.R.S.Oryx Pharmaceuticals Pvt. Ltd. ...Defendant
Mr M.A.Mahadgut a/w Miloni Gala for the Plaintiff Mr C.M.Lokesh for the Defendant.
CORAM : S.C. GUPTE, J.
FEBRUARY 11, 2016
P.C. :
This is a suit for infringement of registered trademark as well as passing off. By consent of parties, Leave Petition No.226 of 2015 is allowed and the Plaintiff is permitted to combine cause of action of passing off with that of infringement. Learned counsel for parties tender consent terms duly signed by parties through their authorized representatives and also their respective advocates. Under these consent terms, the Defendant submits to a decree on admission in terms of prayer clauses (a), (b) and (c) of the plaint. The consent terms are taken on record and marked “X” for identification. The statements and undertakings contained therein are accepted. The suit is disposed of by a decree in terms of the consent terms. No order as to costs. In view of disposal of the suit, nothing survives in the Notice of Motion and the same is disposed of accordingly. Refund of court fees in accordance with the applicable rules.
( S.C.GUPTE J. )
Pg 1 of 1
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
