Franco-Indian Pharmaceuticals Pvt. Ltd. v. Torque Pharmaceuticals Pvt. Ltd.
901-S313-13+.DOC ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 413 OF 2013 WITH NOTICE OF MOTION NO. 1165 OF 2013 AND NOTICE OF MOTION NO. 1443 OF 2013 Franco-Indian Pharmaceuticals Private Limited ...Plaintiff
Versus
Torque Pharmaceuticals Private Limited ...Defendant Mr. Rashmin Khandekar, i/b Krishna & Saurastri Associates, for the Plaintiff.
Ms. Gitika Khan Chandani, i/b M/s. Gordhandas & Fozdar, for the Defendant.
CORAM: G.S. PATEL, J DATED:
5th July 2016 PC:- 1.
The Suit is settled. Consent Terms are tendered. These are signed by one Mr. Ravikiran Dalvi, the authorized signatory of the Plaintiff and Mr. P.S. Chhatwal, Managing Director of the Defendant. Mr. Dalvi is personally present in Court. Mr. Chhatwal has not been able to attend Court on account of his prior commitments. The Consent Terms are also signed by the Advocates for the parties.
5th July 2016
901-S313-13+.DOC 2.
I have seen the Consent Terms and satisfied that they are not contrary to law; that they reflect the parties' true intention; and have been drawn by the parties of their own volition. The Consent Terms are taken on record and marked "X" for identification. The undertakings in the Consent Terms are accepted as undertakings to the Court.
3.
I note that Annexure "A" to the Consent Terms is the proposed mark, label and carton that is to be used by the Defendant. 4.
The Suit is disposed of in accordance with the Consent Terms. Drawn up decree dispensed with.
5.
Refund of court fee, if any, in accordance with the Rules. 6.
In view of this order, Notices of Motions No. 1165 of 2013 and 1443 of 2013 do not survive and are disposed of as infructuous. 7.
The Court Receiver appointed under the ad-interim order stands discharged without passing any accounts but on payment of his costs, charges and expenses by the Plaintiff. 8.
All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 5th July 2016