Futureworks Media Limited v. R And R Films Limited And 2 ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 68 OF 2022 WITH INTERIM APPLICATION NO. 1067 OF 2022 WITH INTERIM APPLICATION NO. 1082 OF 2022 IN COMMERCIAL IP SUIT NO. 68 OF 2022 Future Works Media Limited ...
Plaintiff
Versus
R&R Films Limited & Ors.
...
Defendants Ms. Ruchita Krishnan i/b Universal Legal for the Plaintiff. Mr. Shashipal Shankar and Mr. Vivek Agarwal for Defendant Nos.1 and 3. Mr. Niranjan A. Mogre a/w Mr. Siddhesh S. Borkar for Defendant No.2. CORAM : R.I. CHAGLA, J.
DATED : 21st JULY, 2022 ORDER :
The parties have settled their disputes. Consent Terms dated 21.07.2022 have been tendered and are taken on record and marked ' X'
for identification. These are signed by the Plaintiff and the Advocate for the Plaintiff as well as by Defendant Nos.1, 2 and 3 and their respective Advocates.
Appended to the Consent Terms is the Resolution of the Plaintiff's Company authorising signatory to the Consent Terms to execute 1/3
the Consent Terms. Further, the Resolution passed in the meeting of the Board of Directors of Defendant No.1 on 08.07.2022 authorising signatory to the Consent Terms to execute the Consent Terms, is also appended to the Consent Terms. Further, certificate dated 06.08.2020 of the Notary Public Singapore declaring that a certified true copy of a Power of Attorney of Defendant No.2 has been notarised, is appended to the Consent Terms. The Power of Attorney of Defendant No.2 authorising signatory to the Consent Terms is also appended to the Consent Terms. The Resolution passed in the meeting of the Board of Directors held on 08.07.2022 of Defendant No.3-Company authorising signatory to the Consent Terms to execute the Consent Terms, is also appended to the Consent Terms. The Plaintiff and Defendant Nos.1 and 2 are present in Court.
I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn 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.
Suit is disposed of and decreed in accordance with the Consent Terms.
2/3
In view of disposal of the Suit, the Interim Applications filed in the captioned Suit, do not survive and are accordingly 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. 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.
Parties shall act upon an authenticated copy of this order. (R.I. CHAGLA, J.) by WAISHALI SUSHIL WAGHMARE Date:
2022.07.26 11:30:08 +0530 3/3 WAISHALI SUSHIL WAGHMARE