Pernod Ricard India Pvt. Ltd. v. Tetra Queens Distilleries And Breweries Pvt. Ltd. And 2 Ohters

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO. 1007 OF 2019 WITH NOTICE OF MOTION NO.2205 OF 2019 IN COMMERCIAL IP SUIT NO. 1007 OF 2019 WITH INTERIM APPLICATION NO.1 OF 2019 IN NOTICE OF MOTION NO.2205 OF 2019 Pernod Ricard India Pvt. Ltd.

...

Plaintiff.

V/s.

Tetra Queens Distilleries and Breweries Pvt. Ltd and 2 others ...

Defendants • Mr. Anees Patel a/w Mr. hardsip Sampat, for the Plaintiff. • Mr. Hiren Kamod a/w Mr. Vaibhav Keni and Mr. Sumeet Rane i/by M/s Legasis Partners, for defendant No.1.

• Mr. Sagar G. Talekar, for defendant Nos. 2 and 3. • Mr. N.A. Bandodkar, 2nd Assistant to Court Receiver present. CORAM : B. P. COLABAWALLA, J.

DATE : 10th October, 2019.

P.C. :

1] When this matter is called out, the advocate for the plaintiff as well as the advocates for the defendants have tendered Consent Minutes of Decree on Admission and Order, dated 10th October, 2019. Under these 1/3

Consent Minutes, the defendants submit to a Decree on admission in terms of prayer clause (a) to (d) of the plaint. These Consent Minutes have been signed by the advocate for the plaintiff as well as advocate for defendant No.1 and advocate for defendant Nos 2 and 3, respectively. The learned advocates have stated before me that these Consent Minutes have been arrived at on the basis of the instructions from their respective clients and their respective clients have understood the contents of these Consent Minutes and the implications thereof.

2] In these circumstances, the Consent Minutes dated 10th October, 2019 are taken on record and marked "X" for identification. There shall be a decree in terms of the Consent Minutes. All the undertakings given in the Consent Minutes are accepted as undertakings given to the Court. 3] In paragraph 10 of the Consent Minutes, it is undertaken by the defendants to jointly and/or severally pay a sum of Rs.5,00,000/- to the Tata Memorial Hospital, within a period of 7 days from today. In these circumstances it is directed that on the payment of the sum of Rs.5,00,000/- to the Tata Memorial Hospital, receipt evidencing payment of the aforesaid sum shall be filed on the record of this Court. 2/3

4] All parties including the Tata Memorial Hospital are directed to act on an ordinary copy of this order duly authenticated by the Associate of this Court.

5] Suit is accordingly disposed of.

6] Considering the suit itself is disposed off, nothing survives in the Notice of Motion No.2205 of 2019 and the same is disposed of. 7] As far as Interim Application No.1 of 2019 is concerned, the learned Advocate appearing on behalf of the plaintiff has stated that in view of the disposal of the suit itself, the plaintiff does not wish to press the aforesaid Interim Application. In these circumstances, the Interim application is disposed of as not pressed.

[B. P. COLABAWALLA, J] 3/3