The Bombay High Court disposed of Suit (L) No. 524 of 2016 based on consent terms signed by the parties. The suit concludes, the court receiver is discharged, and the defendants are directed to destroy seized goods per the settlement.
Suit disposed of per consent terms; Court Receiver discharged; Defendant No. 1 to destroy seized goods.
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909-SL-524-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.524 OF 2016
…Plaintiff
Unigen Inc.…Plaintiff
Versus
Evershine Oleochem Limited and another…Defendants
Mr.Himanshu Kane, with Ms. Akshata Kamath and Ms. Laher Shah
i/b W.S. Kane & Company for the Plaintiff.
Mr. Vijay Upadhyay, for the Defendants
CORAM: G.S. PATEL, J DATED: 14th July 2016
PC:-
1.Mr. Kane tenders a draft amendment. A copy has been
served. Leave to amend in terms of the draft taken on record and
marked “X” for identification with today’s date. Amendments to be
carried out without need of reverification on or before 18th July
2016.
2.The Suit itself is settled. Consent Terms are tendered. These
are signed by one Mr. Narendra Trikmani, Constituted Attorney on
behalf of the Plaintiff and by one Mr. Atul Shah, General Manager
(Plant) and Authorised Signatory on behalf of Defendant No.1. The
2nd Defendant has been added by way of amendment today.
Separate Consent Terms are executed between the Plaintiff and
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14th July 2016
909-SL-524-2016.DOC
Defendant No.2. The same are signed by Mr. Narendra Trikmani,
Constituted Attorney on behalf of the Plaintiff and Mr.
Sivarajakumar, Director on behalf of the Defendant No.2.
3.Mr. Narendra Trikmani, Mr. Atul Shah and Mr.
Sivarajakumar are personally present in Court. The Consent Terms
are also signed by Mr. Kane for the Plaintiff and Mr. Upadhyay for
both Defendants.
4.Being satisfied that the Consent Terms are not contrary to
law; have been drawn up by the parties on their own volition without
any fraud; and that they reflect true intention of the parties; the
Consent Terms are taken on record and marked “X” for
identification. The undertaking in the Consent Terms are accepted
as undertakings to the Court.
5.The Suit is disposed of in accordance with the Consent
Terms. No order as to costs.
6.The Court Receiver to stand discharged without passing
accounts and on payment of his costs, charges and expenses by the
Plaintiff within four weeks from today.
7.The parties have agreed, and this is stated in the Consent
Terms as well, that the Defendant No.1 will destroy the goods
seized and sealed by the Court Receiver.
8. Refund of Court Fee, if any, in accordance with the Rules.
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14th July 2016
909-SL-524-2016.DOC
9. Drawn up decree or order disposed of.
10.In view of this the Notice of Motion (L) No.1568 of 2016 does
not survive and is disposed of as infructuous.
11. Mr. Upadhyay undertakes to file Vakalatnama on or before 18th July 2016.
12. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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14th July 2016
Unigen Inc.
Evershine Oleochem Limited
Unnamed Defendant
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court