Allowed

Sun Pharmaceutical Industrial Ltd. v. Asl Biotech Pvt. Ltd. and Anr.

Bombay HC7 Dec 2022CRR/324/2022

Case brief

AI extract

What is this about?

The court accepted consent terms handed over by the parties and decreed the suit accordingly. The leave petition was allowed, pending applications disposed of, and the suit decree was made effective with applicable court fees

What did the court decide?

Suit decreed as per consent terms; leave petition allowed; Court Receiver discharged; Court fees to be refunded.

Sun Pharmaceutical Industrial Ltd. Vs Asl Biotech Pvt… — Specific Performance | Bombay HC (2022)

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29_IA_4749_22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4749 OF 2022

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WITH LEAVE PETITION (LODGING) NO. 27790 OF 2022 WITH COURT RECEIVER’S REPORT NO. 324 OF 2022

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COMMERCIAL IP SUIT NO. 519 OF 2022

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Sun Pharmaceutical Industries Limited … Applicant/Orig.Plaintiff

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vs.

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ASL Biotech Private Limited and another … Defendants

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Mr. Ashutosh Kane, Mr. Kanishk Agarwal and Mr. Prashant Mule, i/by. W. S. Kane & Co. for applicant/plaintiff.

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Mr. Ajay Pandey, Director of Defendant No.1.

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Mr. Raghav Gupta, Partner of Defendant No.2.

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CORAM : MANISH PITALE, J DATE : 7^th DECEMBER, 2022

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P.C. :

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. The learned counsel for the applicant/plaintiff submits that the defendants agreed to settle the disputes with the plaintiff and in pursuance thereof, the consent terms have been executed. The defendant Nos.1 and 2 are represented by their representatives/authorized persons. Copies of aadhar cards of the persons representing the defendant Nos.1 and 2 are annexed. The original aadhar cards were verified and returned to the respective persons.

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Consent terms are handed over. The same are taken on record and marked ‘X’ for identification. The consent terms are found to be in order.

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1/2

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29_IA_4749_22.doc

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The undertakings given in the consent terms are accepted as undertakings to the Court. Parties are directed to abide by their respective obligations as per the consent terms.

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The suit is decreed as per the consent terms. A soft copy of the consent terms shall be uploaded as second order in the matter. A hard copy of duly signed consent terms shall be retained in the record and shall not be sent for destruction in the usual course.

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In view of the disposal of the suit, the Court Receiver’s Report is disposed of and the Court Receiver stands discharged, without passing up of accounts.

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The Court fees shall be refunded as per the rules. For the purpose of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, today’s date shall be the date of making a claim for repayment. The Prothonotary and Senior Master shall proceed to issue a certificate for refund of Court fees, on the basis of an authenticated copy of this order, without insisting upon a separate application.

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Leave petition is allowed with the consent of the defendants.

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Pending applications, if any, stand disposed of in view of the disposal of the suit.

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(MANISH PITALE, J)

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Priya Kambli

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2/2

Sun Pharmaceutical Industrial Ltd. v. Asl Biotech Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Sun Pharmaceutical Industrial Ltd. v. Asl Biotech Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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