The court recorded consent terms voluntarily agreed upon by the parties. The suit, notices of motion, and related proceedings were disposed of based on the consent order. A drawn-up decree was dispensed with.
Suit disposed of in accordance with consent terms; refund of court fee granted; notices of motion disposed of as infructuous.
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902-S3140-10.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3140 OF 2010
WITH
NOTICE OF MOTION NO. 3527 OF 2010 AND
NOTICE OF MOTION NO. 1561 OF 2011
Pernod Ricard India Private Limited…Plaintiffs
Versus
United Spirits Limited…Defendants
Mr. H.W. Kane , with Ms. Aditi Kulkarni, i/b W.S. Kane & Co., for the Plaintiffs.
Ms. Pooja Kshirsagar, i/b M/s. Bharat Shah & Co., for the
Defendants.
CORAM: G.S. PATEL, J DATED: 6th May 2016
PC:-
1.The parties have arrived at a settlement or compromise of the
suit after the Notice of Motion was substantially heard. They have
drawn up Consent Terms. A scanned copy of these Consent Terms
is tendered. Parties agree to file the original Consent Terms directly
in the registry on or before 10th June 2016. The Consent Terms are
signed on behalf of the Plaintiff and the Defendant by their
respective General Counsel. The original Consent Terms will be
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6th May 2016
902-S3140-10.DOC
signed by their respective Attorneys before being filed in the
Registry.
2.The Consent Terms provide for the use by each of the parties
of certain marks in a specified fashion. Specific requirements are set
out in Clauses 5, 6, 7 and 8. The Consent Terms are, in my view, are
fair and reasonable. They are not contrary to law. Parties have
evidently been through considerable negotiations before these
Consent Terms were finalized.
3.I have no hesitation in accepting these Consent Terms. They
are taken on record and marked ‘X’ for identification. The
undertakings in the Consent Terms are accepted as undertakings to
the Court. The original Consent Terms when filed in the Registry
will be marked “X1” for identification.
4. The Suit itself is disposed of in accordance with the Consent Terms. Drawn up decree dispensed with.
5. Refund of Court fee, if any, in accordance with the Rules.
6. In view of disposal of the Suit, both the Notices of Motions are infructuous and are disposed of as such.
7. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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6th May 2016
G. S. PATEL
As recorded by the court registry
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