S. D. Corporation Private Limited vs Hoabl Landbuild Private Limited

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVLL JURISDICTION

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IN ITS COMMERCLAL DIVISION

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COM. IP. SUIT NO.129 OF 2025

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1. S. D. Corporation Private Limited	)
aprivate limited company incorporated under	)
the Companies Act, 1956 and presently governed	)
under Companies Act, 2013 and having its	)
registered address at S P Centre, 41/44	)
MinooDesaiMarg, Colaba,Mumbai--400005	)
and site officeat SamataNagar, KandivaliEast	)
Mumbai,Maharashtra-400IOI	)
2.S D Corporation Holdings Private Limited	)
aprivate limited company incorporatedunder	)
the Companies Act,1956 and presently governed	)
under Companies Act,2013 andhaving its	)
registered addressat 70,Nagindasmaster Road	)
Fort,Mumbai--400023	)
MinooDesai ^{Marg, Colaba, }Mumbai --400005	)...Plaintiffs
VERSUS
HOABLLandbuildPrivateLimited	)
aprivate limited company incorporated under	)
theCompaniesAct,2013andhaving	)

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2

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itsregisteredaddressat70IUnit	)
7thFloorAerocityBuilding,	)
. NIBRCompound,MohiliVillage,	)
Sakinaka,Mumbai	)
Maharashtra-400072.	)...Defendant

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CONSENT TERMS

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I. The Plaintiff No.I is a private limited company incorporated under the laws of India. The PlaintiffNo.2 is also a private limited company incorporated under the^l aws oflndia and connected with the PlaintiffNo.l. The Plaintiff Nos.I and 2 are each represented through their respective authorized representatives duly appointed by^B oar^dRes o^l utⁱ o^nso f^t h^ePl aⁱ ntⁱ ff^s. Copies^o f^t h^eBo a^rd Resolutions are marked and annexed as Annexure 'A'.

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The Defendant is a private limited company incorporated under the laws of India. The Defendant is represented through its authorized representative duly appointed by a Board Resolution of the Defendant. Copy of the Board Resolution is marked and annexed as Annexure 'B'.

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The Defendant hereby unconditionally acknowledges that the

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1

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3

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Plaintiff No.2 is the proprietor/ owner of the trade mark· mt uPrt ' bearing no.1525767 in respect of insurance, financial affairs, monetary affairs, real estate aff^a irsⁱ n class 36 andⁱ n respect of building constructions, repair, installation services in class 37 as referred to in paragraph 9 of the plaint^(" SDCHPL Trademark^" ).

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The Defendant agrees with the Plaintiffs and undertakes to this Hon'ble Court that the Defendant shall not apply for registration, or cause to be registered as trade marks the words THE IMPERIAL, IMPERIAL GOA and IMPERIAL, the domain name www.imperialgoa.com, and the logo

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�
IMPERIAL
GOA

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or any other mark(s)/label(s) which are identical or similar to the SDCHPL Trademark.

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The Plaintiffs give limited and restricted consent to the use by the Defendant or an affiliate of the Defendant of the words THE IMPERIAL, IMPERIAL GOA and IMPERIAL, the domain name

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4

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«Eis, T 111
c e
IMPERIAL IMPERI
GOA

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www.imperialgoa.com, and the logo

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in conjunction with the trade mark "HOUSE OF ABHINANDAN LODHA", in any manner whatsoever in relation to its existing project situated at Village Bainguinim,^{TiswadiTaluka,Districtof NorthGoa("Bainguinim} Project") only, provided^that only^{in relation to the hotellocatedin the} Bainguinim Project^theDe f^{endantanditsaffiliatesshallbepennitted} to use the aforementioned words and logos in any manner whatsoever and the aforementioned domain name without the requirement to use them in conjunction with the trademark. "BOUSE OF ABHINANDAN LODHA" which permission/concession shall not extend to any other hotel outside Bainguinim Project.

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The Defendant agrees with the Plaintiffs and undertakes to this Hon'ble Court that the Defendant or its affiliates shall not use the words THE IMPERIAL, IMPERIAL GOA and IMPERIAL, the

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domain name www.imperialgoa.com, and the logo

Gu
IMPERIAL
• GOA

5

IHI
MPIR7 I

standalone or individually, but always in conjunction with the trade mark "HOUSE OF ABHINANDAN LODHA" under the name and style of House of Abhinandan Lodha for the Bainguinim Project only, provided that only in relation to the hotel located in the Bainguinim Project the Defendant and its affiliates shall be permitted to use the aforementioned words and logos in any manner whatsoever and the aforementioned domain name without the requirement to use them in conjunction with the w .es. . .- trademark "HOUSE OF ABHINANDAN LODHA" in relation to the hotel located in the Bainguinim Project which permission/concession shall not extend to any other hotel outside Bainguinim Project.

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The Defendant states that on or about 15 December 2022, the Defendant filed a rectification petition bearing no. 277572 at the Trademarks Registry seeking inter alia rectification/cancellation

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I l against^{thetrademarks•mt wrrsu'} bearing^no.1525767in respect of insurance, financial affairs, monetary affairs, real estate l-

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..t'1
. .,. :i.,'t<br>q h ' $, •
5:
• 3 5
. r - s2» j
-?

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6

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affairs in class 36 and in respect of building constructions, repair, installation services in class 37. The Defendant agrees with the Plaintiffs and undertakes to this Hon'ble Court to withdraw the rectification petition bearing no. 277572 and within two weeks from the date of the present consent terms the Defendant shall make an application before the Indian Trade Marks Registry for withdrawal of the said rectification petition and a copy of such withdrawal request/application duly acknowledged by the Trademarks Registry shall be furnished to the Plaintiffs immediately thereafter.

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The Defendant or an affiliate of the Defendant shall not challenge in any manner or take any action against the SDCHPL Trademark or any other trademark application past, present or future of the Plaintiffs containing the word "Imperial" other than any application for any trademark which compnses a trademark/tradename which is similar or identical to a trademark used by the Defendant or any of its affiliates or for which the Defendant or any of its affiliates has applied for registration which application/trademark^{does not include the word/ words Imperial.}

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The Plaintiffs agree that they have no further claims or demands against the Defendant in relation to the subject matter of the Suit and all the disputes and differences in the said Suit stand amicably

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7

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I

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settled by the parties in terms of these consent tenns. The Plaintiffs and the Defendant confirm that they have understood and have been explained the contents of the present consent terms and agree to be bound by the same.

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I 0. The Parties agree that the present suit and lnterim Application therein

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be disposed of in terms of the present consent terms with no order as to costs.

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Dated this 5 day of Ma 2025.
Corpo�te
For S. D. Li
PlaintiffNo.JJ
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For S D Corporation Holdings Private Limited/
PlaintiffNo.2 �:S, * -Q<'-
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For HoABL Lanaitajhmiea
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Krishna & Saurastri Associates LLP
tor Au!es@te Plaintiffs Advocates for the Defendant

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5.

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A Shapoor Pallonji - Dili¢ Thacker Groap Joint Venture REFERENCE NO:

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g
Shapoorj Pallonjj

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CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF S D CORPORATION PRIVATE LIMITED HELD ON WEDNESDAY, 28!' SEPTEMBER 2022 AT SP CENTRE, 41/44 MINOO DESAI MARG, COLABA, MUMBAI 400 005, MAHARASHTRA

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AUTHORITY IN RELATION TO SAMATA NAGAR REDEVELOPMENT PROJECT:

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"RESOLVED THAT in supersession of earlier Board resolutions passed in relation to grant of authority for Samata Nagar Redevelopment Project, Mr. Sudhir Wakure, Mr. Sachin Pashilkar, Mr. Sayaji Shingare, Mrs. Leena Ranadive and Ms. Shraddha Birari authorized signatories of the company be and are hereby severally authorized for and on behalf of the Company to sign and execute vakalatnamas, petitions, pleadings, affidavits, replies, notices, plaints, written statements, appeals, miscellaneous applications, to receive summons, warrants, notices, etc., to engage Advocates, Solicitors, and to prosecute, defend, appear, oppose and give evidence before the Supreme Court, Hon'ble High Court City Civil Court, Sessions Court, Small Causes Court, Magistrate Court, Tribunals, Quasi Judicial Authorities, and any other Authorities for and on behalf of the Company, in respect of any matters relating to redevelopment of the project undertaken by the Company, situated at Samata Nagar, Kandivali (East), and to do all such acts, deeds and incidental or ancillary things thereto and all other matters arising therefrom.

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RESOLVED FURTHER THAT the aforesaid powers granted to Mr. Sudhir Wakure, Mr. Sachin Pashilkar, Mr. Sayaji Shingare, Mrs. Leena Ranadive and Ms. Shraddha Birari shall be valid and effective unless revoked earlier by the Board and shall be exercised by them only so long as they are in the employment of / associated with the Company.

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RESOLVED FURTHER THAT a copy of this Resolution duly certified by any of the Directors of the Company be furnished to anyone concerned or interested in the matter."

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For SD CORPORATION PRIVATE LIMITED

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VISHWAS MORE DIRECTOR DIN: 03281028

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Page 1of 1

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CIN 701CMH1998PTC11EC91 Address: SP Center. 41 /44, Minoo Desai Marg. Colaba, Maharashtra. Mumbai - 400 006 Registered Ofce. Nagindas Master Road. Fort Mumbai - 400 023. Phone 922 6787 2222[ Webs te. www.sdcorp.in

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5...

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g Shapoorg Pall-conj

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CERTIFIED TRUE COPY OF THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF SD CORPORATION HOLDINGS PRIVATE LIMITED (THE "COMPANY") AT THE BOARD MEETING HELD ON TUESDAY, APRIL 29, 2025 AT 70, NAGINDAS MASTER ROAD, FORT, MUMBAI 400023.

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"RESOLVED THAT Ms. Shraddha Birari and Ms. Leena Ranadive be and are hereby jointly and severally authorised to represent the Company in connection with the COM. IP. SUIT NO. 129 0F 2025 alongwith Interim Application (L) No 2249 of 2023, pending before the Hon'ble High Court at Mumbai, and for the said purpose, they are hereby authorised to sign, execute, verify an fe ail necessary documents including but not limited to Vakalatnama, Affidavits, Pleadings, Applications, Consent Terms, and any other papers, documents or instruments as may be required from time to time in relation to the said litigation;

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RESOLVED FURTHER THAT anyone of the Directors of the Company be and are hereby severally authorized to furnish a certified true copy of the Resolution to any regulatory authorities as and when required."

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CERTIFIED TRUE COPY FOR S D CORPORATION HOLDINGS PRIVATE LIMITED

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AMIT DILIP 1ACKER MANAGING DIRECTOR DIN: 00149590

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Date: April 30, 2025 Place: Mumbai

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Regd. Office Address: 70, Nagindas Master Road, Fort, Mumbai, Maharashtra, India, 400023.

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S D CORPORATION HOLDINGS PRIVATE LIMITED (Formerly known as S. D. NEW SAMATA NAGAR DEVELOPMENT PRIVATE LIMITED) CIN : U45400MH2OO8PTC178169

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Registered Office: 70. Nagindas Master Road, Fort, Mumbai, Maharashtra • 400001 indi

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THE
HOUSE OF
ABHINANDAN
LODHA
Nos Go.orte [,d

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CERTIFIED TRUE COPY OF THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF HOABL LANDBUILD PRIVATE LIMITED ON WEDNESDAY, 30 APRIL, 2025

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"RESOLVED THAT Mr. Rakesh Gupta or Mr. Sagar Gawde be and are hereby severally authorized on behalf of the Company to sign, verify, execute, and submit all necessary documents, applications, pleadings, affidavits, complaints, petitions, appeals, or any other legal or administrative documents and to institute, initiate, prosecute, defend, compromise, withdraw, or settle any legal proceedings, suits, or actions in any court of law, quasi-judicial, administrative, or other statutory authority, tribunal, or forum in India or abroad, including but not limited to consumer forums, arbitrations, and mediations, in relation to any matter concerning the Company;

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RESOLVED FURTHER THAT Mr. Rakesh Gupta or Mr. Sagar Gawde, be and are hereby severally authorized to appoint advocates, solicitors, counsels, consultants, and other professionals as may be necessary for such legal and administrative proceedings and to take all such actions as may be required in the interests of the Company;

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RESOLVED FURTHER THAT Mr. Rakesh Gupta or Mr. Sagar Gawde be and are hereby severally authorized to settle, compromise, or withdraw cases, to sign consent terms, settlement agreements, vakalatnamas, authorizations, and other related documents, and to take all actions incidental or ancillary to the above powers;

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RESOLVED FURTHER THAT Mr. Rakesh Gupta or Mr. Sagar Gawde, be and are hereby severally authorized to sign and execute the necessary documents and to do all acts, deeds and things and to take necessary steps to give effect to the above resolution;

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RESOLVED FURTHER THAT the Directors of the Company be and are hereby authorized to issue a certified true copy of this resolution to all the concerned authorities, tribunals, or forums as and when required as conclusive evidence of the authority conferred by the Board."

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#Certified True Copy# Fou:ABL landbuild Private limited

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S ~h_
�
Sagar Gawde
Director
DIN: 02082205

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Date: 02-05-2025 Place: Mumbai

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HOABL LANDBUILD PRIVATE LIMITED

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(Formerly Known as LODHA LANDBUILD INFRASTRUCTURE PRIVATE LIMITED] Regd. OIf: 701 Unit, 7th Floor, I Aerocity Building, NIBR Compound, Mohili Village, Sakinaka, Safed Pool, Mumbai 400072. CIN NO.: U70109MH2021PTC373418 ] GST No.: 27AAICV45660124 [ [email protected] [ 022-71519000

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