Pernod Ricard India Pvt. Ltd. v. United Spirits Ltd.

902-S3140-10.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3140 OF 2010 WITH NOTICE OF MOTION NO. 3527 OF 2010 AND NOTICE OF MOTION NO. 1561 OF 2011 Pernod Ricard India Private Limited ...Plaintiffs

Versus

United Spirits Limited ...Defendants Mr. H.W. Kane, with Ms.

Aditi Kulkarni, i/b W.S. Kane & Co., for the Plaintiffs.

Ms. Pooja Kshirsagar, i/b M/s. Bharat Shah & Co., for the Defendants.

CORAM: G.S. PATEL, J DATED:

6th May 2016 PC:- 1.

The parties have arrived at a settlement or compromise of the suit after the Notice of Motion was substantially heard. They have drawn up Consent Terms. A scanned copy of these Consent Terms is tendered. Parties agree to file the original Consent Terms directly in the registry on or before 10th June 2016. The Consent Terms are signed on behalf of the Plaintiff and the Defendant by their respective General Counsel. The original Consent Terms will be 6th May 2016

902-S3140-10.DOC signed by their respective Attorneys before being filed in the Registry.

2.

The Consent Terms provide for the use by each of the parties of certain marks in a specified fashion. Specific requirements are set out in Clauses 5, 6, 7 and 8. The Consent Terms are, in my view, are fair and reasonable. They are not contrary to law. Parties have evidently been through considerable negotiations before these Consent Terms were finalized.

3.

I have no hesitation in accepting these Consent Terms. They are taken on record and marked 'X' for identification. The undertakings in the Consent Terms are accepted as undertakings to the Court. The original Consent Terms when filed in the Registry will be marked "X1" for identification.

4.

The Suit itself is disposed of in accordance with the Consent Terms. Drawn up decree dispensed with.

5.

Refund of Court fee, if any, in accordance with the Rules. 6.

In view of disposal of the Suit, both the Notices of Motions are infructuous and are disposed of as such.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 6th May 2016