Ajanta Pharma Limited v. Cotec Healthcare Private Limited And ANR

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 7379 OF 2021 IN COMMERCIAL IP SUIT NO. 97 OF 2021 WITH LEAVE PETITION NO. 85 OF 2021 IN COMMERCIAL IP SUIT NO. 97 OF 2021 Ajanta Pharma Limited ...Plaintif

Versus

Cotec Healthcare Private Limited & Anr ...Defendants ARUN RAMCHANDRA SANKPAL Mr Rashmin Khandekar, with Mr Ashutosh Kane, Ms Akshata Kamath & Ms Paulome Mehta, i/b WS Kane & Co, for the Plaintiff.

N Arora, for Defendants Nos. 1 and 2.

ARUN RAMCHANDRA SANKPAL Date: 2021.03.25 11:09:51 +0530 CORAM: G.S. PATEL, J DATED:

PC:- 1.

The following order is by consent.

2.

By consent the Clause XIV Petition is made absolute.

3.

The Defendants are represented. Their Advocate on instructions submits to a decree in terms of prayer clauses (a) and (b). Mr Khandekar has instructions not to press prayer for damages in terms of prayer clause (c).

4.

The Defendant makes a statement that from 2019, the Defendant has not used the rival packaging or mark in any form whatsoever. The statement is noted and accepted as an undertaking to the Court.

5.

The Commercial Suit is disposed of in these terms. 6.

Drawn up decree dispensed with.

7.

Interim Application does not survive and is disposed of accordingly.

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 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. 9.

The vakalatnama on behalf of the Defendants is to be fled in the Registry within one week from today.

Personal Assistant of this Court. All concerned will act on (G. S. PATEL, J)