Asma Farid Noorani v. Haji Ali Fresh Fruit Juices Hyderabad Haji Ali Fresh Fruit Juices And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO. 377 OF 2022 WITH LEAVE PETITION NO. 73 OF 2022 WITH INTERIM APPLICATION (L) NO. 10091 OF 2022 WITH COURT RECEIVER'S REPORT NO. 168 OF 2022 IN COMMERCIAL IP SUIT NO. 377 OF 2022 Asma Farid Noorani ...Applicant/Plaintiff vs.

Haji Ali Fresh Fruit Juice Hyderabad Haji Ali Fresh Fruit Juices ...Defendant --- Digitally signed by MAMTA AMAR KALE Date:

2023.04.03 13:27:32 +0530 MAMTA AMAR KALE Mr. Minesh Andharia a/w. Mr. Jay Shah i/b. Krishna and Saurastri Associates LLP, for applicant/plaintiff.

Mr. Milind Nakashe, for the Defendants.

Ms. S. M. Vengurlekar, Section Officer i/b. Court Receiver present. --- CORAM : MANISH PITALE, J DATE : 28 MARCH 2023 P.C. :

.

The learned counsel for the defendant submits that he shall file his Vakalatnama by tomorrow.

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2.

The learned counsel for the parties jointly submit that the disputes are now settled. The consent terms are drawn and tendered to this Court. The consent terms are signed by the authorized representatives of the parties as well as their respective Advocates. The consent terms are taken on record and marked 'X1'.

3.

The amount towards costs and compensation stated in paragraph 6 and 7 of the consent terms are received by the plaintiff. 4.

The suit is decreed as per the consent terms. The decree be drawn accordingly. The undertakings given in the consent terms are accepted as undertakings to the Court. The parties are directed to abide by their respective obligations as per the consent terms. 5.

The soft copy of the consent terms shall be uploaded as the second order. The hard copy of the consent terms, duly signed by the parties and the Advocates for the parties shall be retained in the record, without being sent for destruction.

6.

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. The Court Receiver's report is disposed of.

7.

In view of the disposal of the suit, as per the consent terms, the 2/3

Court fees shall be refunded as per rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, today's date shall be the date of making a claim for repayment. The Prothonotary and Senior Master shall proceed to issue a certificate for refund of Court fees on the basis of an authenticated copy of this order without insisting upon a separate application.

8.

Pending applications, if any, shall stand disposed of in view of the disposal of the suit.

(MANISH PITALE, J) 3/3