Metro Brands Ltd. (Earlier Known As Metro Shoes Ltd.) v. Metro City Shoes
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 334 OF 2021 WITH INTERIM APPLICATION NO. 3002 OF 2021 IN COMMERCIAL IP SUIT NO. 334 OF 2021 WITH COURT RECEIVER'S REPORT NO. 318 OF 2021 IN COMMERCIAL IP SUIT NO. 334 OF 2021 Metro Brands Limited ...
Plaintiff
Versus
Metro City Shoes ...
Defendant Mr. Tanuja Liman a/w Ms. Sarah Momin for the Plaintiff. Mr. Rahil Ahmed Siddiqui for the Defendant.
Ms. Rekha Rane, 2nd Asstt. to C.R. present.
CORAM : R.I. CHAGLA, J.
DATED : 27th APRIL, 2022.
ORDER :
The parties have settled their disputes. Consent Terms are tendered and taken on record and marked 'X' for identification with today's date. These are signed by the authorised signatory of the Plaintiff 1/3
and Advocate for the Plaintiff as well as by the Proprietor of the Defendant and the Advocate for the Defendant. The necessary documents of identification as well as other documents referred to and relied upon in the Consent Terms have been appended to the Consent Terms. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn up 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.
The Suit is disposed of and decreed in terms of prayer clause (a) of the Plaint and in accordance with the Consent Terms. Interim Application No.3002 of 2021 does not survive and is accordingly disposed of. Interim order, if any, does not survive. The Court Receiver stands discharged upon payment of costs of charges to be borne equally by the parties. Court Receiver's report No.318 of 2021 is 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. 2/3
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 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:
2022.04.30 10:36:14 +0530 WAISHALI SUSHIL WAGHMARE 3/3