, The High Court accepted consent terms tendered by parties in a Commercial IP Suit regarding trademark infringement and passing off, passed a decree on admission, and disposed of the interim application.
Decree passed on admission in terms of Consent Terms; leave petition allowed; interim application disposed of.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1 OF 2020 (Not on Board)
IN
COMMERCIAL IP SUIT (L) NO.37 OF 2020
WITH
LEAVE PETITION (L) NO.11 OF 2020
IN
COMMERCIAL IP SUIT (L) NO.37 OF 2020
Pidilite Industries Limited…Plaintiff
vs.
Tayyab Ali Malak And 2 Ors.…Defendants
Mr. Hiren Kamod, a/w. Mr. Nishad Nadkarni and Ms. Khushboo
Jhunjhunwalla, i/b. M/s. Khaitan and Co., for the Plaintiff.
Mr. Shailesh Rai, i/b. Ms. Shivani R. Bindra, for the Defendants.
Mr. Nitin Sahadevan, Authorised signatory of the Plaintiff present.
Mr. Tayyab Ali Malak, Defendant No.1 present.
CORAM : S.C. GUPTE, J.
DATE: 12 FEBRUARY 2020
P.C.:
.This Commercial IP Suit is in respect of infringement of
registered trademarks as well as breach of copyright in a registered
design and also a case of passing off. Learned Counsel for the parties
tender Consent Terms duly signed by the parties through
themselves/their authorized representatives and also by their respective
advocates. Learned Counsel seek disposal of the suit in terms of the
Consent Terms. The Consent Terms envisage a decree on admission in
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comipl37-20.doc
terms of prayer clauses (a) to (k) of the plaint. The Consent Terms are
taken on record, marked “X” for identification. The statements and
undertakings contained therein are accepted.
2.Leave Petition (L) No.11 of 2020 is, in the premises,
allowed, and a decree is passed in terms of the Consent Terms. No
order as to costs. Refund of Court fees in accordance with the applicable
rules. This order is passed in the presence of the signatories to the
Consent Terms.
3.In view of the disposal of the suit, the interim application
does not survive and is disposed of.
Digitally signed by Smita Smita Gonsalves Gonsalves Date: 2020.02.1715:34:17 +0530
1 issue framed by the court
Whether to allow leave and grant decree on terms of consent
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court