Sanofi India Ltd v. Danish Health Care Pvt Ltd And 4 ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 529 OF 2016 Sanofi India Ltd.
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Plaintiff
Versus
Danish Health Care Pvt. Ltd. & Ors.
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Defendants Mr. Hiren Kamod a/w Udayvir Rana i/b Gaurav Pande for the Plaintiff. Karishma Shirke, Manashree Engineer i/b Gordhandas & Fozdar for the Defendants.
Ms. R.V. Rane, 2nd Asstt. to C.R. present.
CORAM : R.I. CHAGLA, J.
DATED : 23rd AUGUST, 2022.
ORDER :
The parties have settled their disputes. Consent Terms dated 16.08.2022 are tendered and are taken on record and marked ' X' for identification. These are signed by the Constituted Attorney for the Plaintiff and the Advocate for the Plaintiff as well as Defendant Nos.1 to 4 and Advocate for the Defendant Nos.1 to 4. Appended to the Consent Terms is the General Power of Attorney of the Plaintiff-Sanofi India Ltd. authorising the Constituted Attorney to execute the Consent Terms. Also 1/3
appended to the Consent Terms is the Certified True copy of the Resolution passed at the board meeting of Defendant No.1 authorising Director of Defendant No.1 to execute the Consent Terms on behalf of Defendant No.1.
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, in the Consent Terms are accepted as undertakings to the Court.
The Suit is disposed of and decreed in terms of prayer clauses (a), (b) and (d) of the Plaint and in accordance with the Consent Terms. In Clause 5 of the Consent Terms the Defendants have agreed to pay a sum of Rs.50,000/- in favour of the Plaintiff through Pay Order No.017367 dated 12.08.2022 drawn on HDFC Bank towards cost. In view of the disposal of the Suit, the Court Receiver is discharged without passing up of accounts and upon payment of costs, charges and expenses if any, to be borne by the Plaintiff. Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply. 2/3
A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter.
The Registry is to ensure that the hard copy of the signed Consent Minutes of Order 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 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.
(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.09.05 12:27:26 +0530 WAISHALI SUSHIL WAGHMARE 3/3