Kamat Hotels (India) Limited v. The Blue Orchid Hotel (The Blue Orchid Hotel And Resotr) ANR ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT (L) NO. 5097 OF 2022 WITH INTERIM APPLICATION (L) NO. 5107 OF 2022 IN COMMERCIAL IP SUIT (L) NO. 5097 OF 2022 WITH LEAVE PETITION NO. 35 OF 2022 IN COMMERCIAL IP SUIT (L) NO. 5097 OF 2022 Kamat Hotels (India) Limited ...
Applicant/Plaintiff
Versus
The Blue Orchid Hotel/The Blue Orchid Hotel & Resorts & Anr.
...
Defendants Mr. Vinod Bhagat a/w Ms. Prachi Shah, Mr. Karan Khiani i/b G.S. Hegde & V.A. Bhagat for the Applicant/Plaintiff.
Ms. Manaswi Agrawal a/w Mr. Aakash, Mr. Yash Joshi i/b M/s. Meraki Chambers for the Defendants.
CORAM : R.I. CHAGLA, J.
DATED : 26th APRIL, 2022.
ORDER :
The parties have settled their disputes. Consent Terms are tendered and are taken on record and marked 'X' for identification with 1/4
today'
s date. These are signed by the Constituted Attorney of the Plaintiff alongwtih Advocate for the Plaintiff. The necessary certified true copy of resolution passed in meeting of the Board of Directors of the Plaintiff held on 12.11.2021 authorising the signatory to the Consent Terms to inter-alia execute the Consent Terms, are appended to the Consent Terms. The Consent Terms are also signed by Defendant No.2 as Partner on behalf of Defendant No.1, Defendant No.2 has also singed the Consent Terms in his individual capacity and as Partner of the partnership firm Vardhan Holidays, alongwtih Advocate for the Defendants. 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.
The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.
In Clause 14(I) of the Consent Terms the Defendants have stated that an amount of Rs.2,00,000/- is paid as full and final settlement in lieu of all claims of the Plaintiff and in favour of the Plaintiff by Cheque/Demand Draft, particulars of which are mentioned therein. The Defendants have handed over the Cheque/ Demand Draft to the Plaintiff in Court.
2/4
The Suit is disposed of and decreed in terms of clause 14 (A) to (L) of the Consent Terms.
In view of disposal of the Suit, Leave Petition does not survive and is accordingly disposed of.
Interim Application (L) No.5107 of 2022 does not survive and is accordingly disposed of.
Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply. A soft copy of the Consent Terms will be uploaded as the second order in the matter.
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. 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 3/4
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.
of this order.
Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.04.29 10:55:55 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) 4/4