Meher Distilleries Pvt Ltd v. Associated Alcohols And Breweries Ltd

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 218 OF 2020 WITH INTERIM APPLICATION NO. 651 OF 2020 IN COMMERCIAL IP SUIT NO. 218 OF 2020 WITH LEAVE PETITION NO. 25 OF 2020 IN COMMERCIAL IP SUIT NO. 218 OF 2020 Meher Distilleries Private Limited ...Plaintiff

Versus

Associates Alcohols & Breweries Limited ...Defendant Mr A Bagwe, i/b WS Kane & Co, for the Plaintiff. Mr Chaitanya S Kulkarni, for the Defendant.

CORAM:

G.S. PATEL, J DATED:

PC:- ARUN RAMCHNDRA SANKPAL ARUN RAMCHNDRA SANKPAL Date: 2021.10.06 10:38:42 +0530

LEAVE PETITION NO. 25 OF 2020 IN COMMERCIAL IP SUIT NO. 218 OF 2020:

1.

By consent, the Leave Petition is made absolute. COMMERCIAL IP SUIT NO. 218 OF 2020:

2.

The parties have settled their disputes. Consent Terms are tendered. The Consent Terms are taken on record and marked 'X'

for identification with today's date. These are signed by the director of the Plaintiff and the authorised signatory of the Defendants. The parties could not remain present. However the Advocates for the parties who have signed the Consent Terms have identified their respective clients' signatures. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions. 3.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

4.

The Suit is decreed in accordance with the Consent Terms. 5.

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

6.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

7.

Drawn up decree/order is dispensed with. However, liberty to the parties to apply for a drawn up decree/order, if required. 8.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. INTERIM APPLICATION NO. 651 OF 2020 INCOMMERCIAL IP SUIT NO. 218 OF 2020:

9.

In view of the order in the suit, the Interim Application does not survive and is disposed of as infructuous. 10.

of this order.

(G. S. PATEL, J)