Setco Automotive Ltd v. Prabjot Singh Alwadhi

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 45 OF 2021 WITH INTERIM APPLICATION NO. 384 OF 2021 IN COMMERCIAL IP SUIT NO. 45 OF 2021 WITH LEAVE PETITION NO. 140 OF 2020 IN COMMERCIAL IP SUIT NO. 45 OF 2021 WITH COURT RECEIVER'S REPORT NO. 145 OF 2021 IN COMMERCIAL IP SUIT NO. 45 OF 2021 Setco Automotive Ltd ...Plaintiff

Versus

Prabjot Singh Alwadhi ...Defendant Ayesha Pinto, with Rubeka Himayat, i/b Wadia Ghandy & Co, for the Plaintiff.

Harshbir Singh Kohli, for the Defendant.

ARUN RAMCHNDRA SANKPAL ARUN RAMCHNDRA SANKPAL Date: 2021.10.26 10:46:48 +0530 CORAM:G.S. PATEL, J

DATED: 25th October 2021 PC:- 1.

The Petition for leave under Clause XIV of the Letters Patent is made absolute.

2.

The parties have settled their disputes. Consent Terms are tendered. The Consent Terms are taken on record and marked 'X'

for identification with today's date. These are signed by the parties and their respective Advocates. The Defendant and his Advocate is present online. 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. 3.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

4.

The Commercial Suit is decreed and disposed of in accordance with the Consent Terms.

5.

In view of this, the IA stands disposed of as infructuous. 6.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

7.

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.

8.

Drawn up decree/order is dispensed with. However, liberty to the parties to apply for a drawn up decree/order, if required. 9.

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.

10. The Court Receiver's Report is disposed of.

11. The Court Receiver will stand discharged without passing accounts but on payment of his costs, charges and expenses to be paid by the Plaintiff within a period of two weeks from today. of this order.

(G. S. PATEL, J)