Sony Music Entertainment India Pvt Ltd v. R. K. Productions Ltd And 2 ORS

by JITENDRA SHANKAR NIJASURE Date:

2022.08.25 16:37:00 +0530 JITENDRA SHANKAR NIJASURE 905-coms-144-2021.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COM IP SUIT NO.144 OF 2021 Sony Music Entertainment India Pvt. Ltd.

...Plaintiff

Versus

R.K. Productions Ltd. & Ors.

...Defendants ---------- Mr. Samir Vaidya for the Plaintiff.

Mr. Amit Jamsandekar, Mr. Vighnesh Kamat and Mr. Vaibhav Kamble i/b. VVK Law Partners of the Defendants.

---------- CORAM : R.I. CHAGLA J DATE :24TH AUGUST, 2022 ORDER :

1.

The learned Advocate appearing for the Plaintiff has sought leave to withdraw the captioned Commercial IP Suit on the ground that the matter has been settled and for which an email dated 3rd August, 2022 addressed by the Plaintiff to its Advocates together with copy of the Consent Terms dated 7th February, 2022 is relied upon. In Paragraph 5 of the Consent Terms, the Plaintiff has agreed to unconditionally withdraw inter alia the captioned Suit filed in this 1/2

905-coms-144-2021.doc Court. The email dated 3rd August, 2022 which is tendered is taken on record together with a copy of the Consent Terms dated 7th February, 2022 filed in Supreme Court and marked 'X' for identification.

2.

In view thereof, the captioned Commercial Suit is disposed of as withdrawn.

3.

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. [R.I. CHAGLA J.] 2/2