Glenmark Pharmaceuticals Ltd. v. Zee Laboratories Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL IP (L) SUIT NO.631 OF 2019 WITH LEAVE PETITION NO.105 OF 2019 WITH COMMERCIAL NOTICE OF MOTION (L) NO.1290 OF 2019 Glenmark Pharmaceuticals Ltd.

..Plaintiff Vs.

Zee Laboratories Ltd.

..Defendant Mr. Mahesh A. Mahadgut a/w Ms. Poonam Teddu for Plaintiff; (Ms. Archana Bene- DGM- Legal/Authorized Signatory of Plaintiff present) Ms. Prachi Pandya I/b Corporate Attorneys for Defendant; Mr. Nagesh Kumar Shukla- Authorized Signatory of Defendant present in court.

CORAM : K.R.SHRIRAM, J.

DATE : 26th JUNE 2019 P.C.:

Parties have amicably settled the matter and have tendered the consent terms dated 26th June 2019. The consent terms signed by the authorised signatory of plaintiff, authorised signatory of defendant and their respective advocates is taken on record and marked as "X" for identification. Counsel state that the signatories of plaintiff and defendant are present in court and identify them.

2/6 For ease of reference the consent terms are scanned and reproduced below:

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4/6 Ms Pandya states that defendant's signatory is not well verse in English and he himself has informed the court that he does not know English and therefore defendant's representative has been presented before

5/6 the Chief Interpretor and Translator of this court, who has put an endorsement that the contents of the consent terms have been explained to him.

Order in terms of consent terms. All statements accepted as an undertaking to this court. All undertakings accepted. Suit accordingly stands disposed.

Refund of court fees in accordance with rules. All interim applications stand disposed.

All interim orders stand vacated.

The receiver appointed pursuant to order dated 14th May 2019, stands discharged without passing of accounts. Plaintiff's undertaking to pay whatever charges that are payable to receiver within two weeks of receiving the communication from receiver, is accepted. Ms. Pandya states that she has instructions to state that the confiscated goods will be destroyed by defendant in the presence of plaintiff's representative. Defendant will complete the destruction within

6/6 two weeks from today but give minimum 7 days written notice in advance of the date and time they intend to destroy the goods, to plaintiff's representative. Statement accepted as an undertaking to this court. Ms Pandya for defendant states that vakalatnama will be filed during the course of this week, if not already filed. Statement accepted. (K.R. SHRIRAM, J.)