Disposed

Pernod Ricard India Pvt. Ltd. v. United Spirits Ltd.

Bombay HC6 May 2016NMS/3527/2010

Case brief

AI extract

What is this about?

The Bombay High Court recorded consent terms arrived at between the parties in Suit No. 3140 of 2010. The court accepted the terms, disposed of the suit without a drawn-up decree, and dismissed the ancillary notices of motion as infructuous.

What did the court decide?

Suit disposed of in accordance with consent terms; drawn-up decree dispensed with; notices of motion disposed of as infructuous.

Pernod Ricard India Pvt. Ltd. Vs United… — Contract and Commercial Disputes | Bombay HC (2016)

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902-S3140-10.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3140 OF 2010

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WITH

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NOTICE OF MOTION NO. 3527 OF 2010 AND

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NOTICE OF MOTION NO. 1561 OF 2011

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Pernod Ricard India Private Limited…Plaintiffs
Versus
United Spirits Limited…Defendants

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Mr. H.W. Kane , with Ms. Aditi Kulkarni, i/b W.S. Kane & Co., for the Plaintiffs.

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Ms. Pooja Kshirsagar, i/b M/s. Bharat Shah & Co., for the
Defendants.

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CORAM: G.S. PATEL, J DATED: 6th May 2016

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PC:-

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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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Page 1 of 2

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6th May 2016

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902-S3140-10.DOC

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signed by their respective Attorneys before being filed in the
Registry.

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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.

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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.

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4. The Suit itself is disposed of in accordance with the Consent Terms. Drawn up decree dispensed with.

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5. Refund of Court fee, if any, in accordance with the Rules.

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6. In view of disposal of the Suit, both the Notices of Motions are infructuous and are disposed of as such.

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7. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Page 2 of 2
6th May 2016

Pernod Ricard India Pvt. Ltd. v. United Spirits Ltd.

Case brief

What is this about?

What did the court decide?

Pernod Ricard India Pvt. Ltd. v. United Spirits Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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