The High Court of Judicature at Bombay accepted consent terms tendered by both parties. The suit (Suit No. 3046 of 2010) was disposed of in accordance with the consent terms, interim orders vacated, and court fee refund addressed.
Suit disposed of in accordance with consent terms; interim orders vacated; court fee refund to be computed.
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.
7-S3046-10.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 3046 OF 2010
Gorbatschow Wodka KG
Versus
John Disilleries Limited
…Plaintiffs
…Defendants
Mr. Ramesh Gajria, i/b Gajria & Co., for the Plaintiffs.
Mr. Akash Joshi, i/b MAG Legal, for the Defendants.
CORAM: G.S. PATEL, J DATED: 10th October 2016
PC:-
1.The Suit is settled. Consent Terms are tendered. These are
signed by the Head-Legal of the Defendant and Constituted
Attorney of the Plaintiff, as also by their Advocates.
2.The Consent Terms are in order. They are not contrary to law
and have been drawn by the parties of their own volition, reflecting
their true intentions. 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.
3.The Suit is disposed of in accordance with the Consent
Terms. Drawn up decree dispensed with.
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10th October 2016
7-S3046-10.DOC
4. Refund of court fee, if any, in accordance with the Rules. It is noted that the Suit is being withdrawn on acceptance of certain undertakings given by the Defendants. The court fee refund will be computed accordingly.
5. All interim/ad-interim orders stand vacated.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
10th October 2016
1 issue framed by the court
Whether the compromise terms between parties drawn by their own volition should be accepted and the suit disposed of accordingly.
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court