Sapat International Private Limited v. Haldiram Foods International Private Limited And ANR

917-NMCDL236-17.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION (L) NO.236 OF 2017 IN COMM SUIT (L) NO.245 OF 2017 Sapat International Pvt Ltd ...Applicant/ Ori.Plaintiff In the Mattter Between Sapat International Pvt Ltd ...Plaintiff

Versus

Haldiram Foods International Pvt Ltd & Anr ...Defendants Dr VV Tulzapurkar, with Mr Ashutosh Kane, Mr Nikhil Sharma, Ms Neetha Pai & S Navodia, i/b WS Kane & Co, for the Applicant/Ori.Plaintiff.

Ms Akanksha Helaskar, with Pushkraj Despande i/b M/s Devani Asso, for Defendants Nos.1 & 2.

CORAM: G.S. PATEL, J DATED:

5th May 2017 PC:- 1.

The Suit is settled.

2.

The Defendants agree to discontinue use of the mark and expression 'Chaitime'. They have tendered in Court a proposed new 5th May 2017

917-NMCDL236-17.DOC mark 'Chai Ke Saath' with a pictorial representation as how this will be used. The Plaintiffs have no objection to this. The proposal tendered by the Defendants is taken on record and marked 'X' for identification with today's date.

3.

The suit is therefore decreed in terms of prayer clauses (a) and (b) with the added clarification that the Defendants are at liberty to use the mark, expression and device(s) shown in the documents tendered to Court today and marked 'X' as indicated above. The remaining prayers are not pressed. 4.

The Defendants further agree and undertake to withdraw their registration application for 'Chaitime' (Exhibit H at page 127 of the Plaint). This statement is accepted as an undertaking to the Court.

5.

The Suit is disposed in this terms. Drawn up decree dispensed with.

6.

Refund of Court fees in accordance to the rules. 7.

The Notice of Motion is thus infructuous and does not survive. The same is disposed of accordingly. (G. S. PATEL, J.) 5th May 2017