International Society For Krishna Consciousness (Iskcon) v. Iskcon Convent School

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 2624 OF 2021 IN COMMERCIAL IP SUIT (L) NO. 2622 OF 2021 WITH LEAVE PETITION NO. 29 OF 2021 IN COMMERCIAL IP SUIT (L) NO. 2622 OF 2021 International Society for Krishna Consciousness (ISKCON) ...Plaintif

Versus

ISKCON Convent School ...Defendant Mr Mahesh Mahadgut, for the Plaintiff Mr Satyaprakash Sharma, i/b Global Juris, for the Defendantf Shephali Mormare CORAM: G.S. PATEL, J DATED:

PC:- by Shephali Mormare Date: 2021.02.17 11:08:21 +0530 1.

The Suit is compromised. Mr Mahadgut tenders draft amendments. These are taken on record and marked as "M" for identifcation with today's date. The amendments are allowed. They are to be carried out within a period of one week without need of

reverifcation. It is not necessary to serve the Defendants with the amended plaint. A copy of the amendment is handed over to their Advocate in Court today.

2.

There is a pending Petition or leave under Clause XIV of the Letters Patent. It is made absolute.

3.

The Defendants have fled an Afdavit confrming that they have already changed the name of their school and ceased the use of the impugned mark. The Afdavit is taken on fle. Mr Mahadgut has instructions to not press prayer for accounts. This is noted. 4.

The Suit is accordingly disposed of accepting these undertakings and granting a decree in terms of prayer clauses (a) and (b) to which the Defendants submit.

5.

Drawn up decree dispensed with.

6.

The Suit is disposed in these terms.

7.

Refund of the Court fees 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 certifcate 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.

8.

copy of this order.

(G. S. PATEL, J)