Phonographic Performance Limited vs Ansari Estate Private Limited — Bombay HC (2025) — LawSathi Research

Phonographic Performance Limited vs Ansari Estate Private Limited — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed as per Consent Terms; undertakings in the Consent Terms accepted as undertakings to the Court; court fees to be refunded as per Rules under Section 43 of the Maharashtra Court Fees Act; interim application disposed of.

Issue for consideration

Whether the suit should be decreed in accordance with the Consent Terms executed between the parties.

Court's answer

The suit is decreed as per the Consent Terms executed between the parties, and the decree shall be drawn up accordingly.

Ratio / Principle

The undertakings given in the Consent Terms are accepted as undertakings given to the Court, and the authorized signatories to the Consent Terms are directed to abide by their respective obligations as per the Consent Terms.

Key takeaways

Court fees shall be refunded as per Rules; for the purpose of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, the date of the order is fixed as the date for repayment; the Prothonotary and Senior Master shall issue a Certificate of Refund of Court Fees on the basis of the order, without the necessity of a separate application.ratio¶30
In view of the disposal of the suit, the interim application is disposed of.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Manish Pitale, J.; order dated 04 April 2025): In the matter of Commercial IP Suit No. 209 of 2024 with Interim Application (Lodging) No. 23697 of 2024 in Commercial IP Suit No. 159 of 2024, Phonographic Performance Limited v. Ansari Estate Private Limited & Ors., the Court was informed that the disputes between the parties had settled and Consent Terms had been executed and signed by the authorized representatives of both sides. The Consent Terms were taken on record and marked “X” for identification. The suit was decreed as per the Consent Terms and the decree was ordered to be drawn up accordingly. The undertakings given in the Consent Terms were accepted as undertakings given to the Court, and the authorized signatories were directed to abide by their respective obligations. Court fees were directed to be refunded as per Rules, with the date of the order fixed for repayment under Section 43 of the Maharashtra Court Fees Act and the proviso thereto, and the Prothonotary and Senior Master directed to issue a Certificate of Refund of Court Fees without a separate application. A soft copy of the Consent Terms was to be uploaded as second order, and the signed hard copy retained on file and not sent for destruction in ordinary course. In view of the disposal of the suit, the interim application was disposed of.

902.COMIP.209.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

COMMERCIAL IP SUIT NO. 209 OF 2024 WITH INTERIM APPLICATION (LODGING) NO. 23697 OF 2024

IN

COMMERCIAL IP SUIT NO. 159 OF 2024

Phonographic Performance Limited Versus

Ansari Estate Private Limited & Ors.

...Plaintiff

...Defendants

Mr. Amogh Singh a/w Mr. Asmant Nimbalkar, Mr. Neeraj Nawar and Ms. Shivani Rane i/b Mr. D.P. Singh, for the Plaintiff.

Digitally signed by SHRIKANT SHRIKANT SHRINIVAS SHRINIVAS MALANI MALANI Date: 2025.04.05 14:07:34 +0530

 Mr. Jackson C. Alman, present through Video Conferencing.

CORAM : MANISH PITALE, J.

DATE : 04^th APRIL 2025.

P. C. :

The learned counsel for the plaintiff informs this Court the

disputes between the parties have settled and that Consent Terms have been executed.

The Consent Terms are tendered. They are signed by the authorized representative of the plaintiff as well as the advocate for the plaintiff. On behalf of the defendants, Mr. Vikram has signed as the authorized representative and a copy of the resolution authorizing the said Mr. Vikram to sign on behalf of the defendants is annexed to the Consent Terms.

Copy of the Aadhar Card of Mr. Vikram is also annexed to the Consent Terms.

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Shrikant Malani

902.COMIP.209.2024.doc

In that light, the Consent Terms are taken on record and marked “X” for identification.

The suit is decreed as per Consent Terms. The decree shall be drawn up accordingly.

The undertakings given in the Consent Terms are accepted as undertakings given to this Court. The authorized signatories to the Consent Terms are directed to abide by their respective obligations as per the Consent Terms.

A soft copy of the Consent Terms shall be uploaded as second order in the matter.

The hard copy of the Consent Terms signed by the parties and their Counsel shall be retained on the file and shall not be sent for destruction in ordinary course.

The Court fees shall be refunded as per Rules. For the purpose of Section 43 of the Maharashtra Court Fees Act, and the proviso thereto, today’s date shall be the date for repayment. The Prothonotary and Senior Master shall issue a Certificate of Refund of Court Fees on the basis of the order passed today, without the necessity of a separate application.

In view of disposal of the suit, interim application is disposed of.

(MANISH PITALE, J.)

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Shrikant Malani