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Bombay High CourtNMCD/2300/2019disposed off

First Impression Consulting Pvt Ltd v. Sherine Shyam Mehta

2019-09-23Hon'Ble Shri Justice B.P. Colabawalla2 pages

2-COMIP.685.2019.doc Tauseef

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT (L) NO.685 OF 2019 WITH LEAVE PETITION NO.250 OF 2019 WITH NOTICE OF MOTION (L) NO.1412 OF 2019 IN COMMERCIAL IP SUIT (L) NO.685 OF 2019 First Impression Consulting Pvt. Ltd.

...Applicant

IN THE MATTER BETWEEN:

Image Consulting Business Institute ...Plaintiff V/S.

Sherine Shyam Mehta ...Defendant Mr. Amit A. Gharte for Plaintiff / Applicant. Mr. Virendra Vikram for Defendant.

CORAM : B. P. COLABAWALLA, J.

23rd SEPTEMBER 2019.

P.C. :

1.

When the above matters were called out, the parties state that the entire suit itself is settled and have tendered consent terms dated 13.09.2019. The said consent terms are signed by one Rakesh Agarwal, who is the authorized signatory of the Plaintiff as well as the Defendant. The said consent terms are also signed by the respective Advocates. The Defendant is present Pg 1 of 2

2-COMIP.685.2019.doc in Court and has stated on oath that she has understood the terms of these consent terms and have signed the same of her own free will. As far as Mr. Rakesh Agarwal is concerned, he is not only the authorized signatory but also the Managing Director of the Plaintiff Company. Though he is not present today, a board resolution has been tender before me which authorizes Mr. Prabhat Kumar Jha, Account Executive to appear and fle consent terms. Mr. Prabhat Kumar Jha is also present in Court and has identifed the signature of Mr. Rakesh Agrawal, who is the Managing Director of the Plaintiff. The said resolution as well as the authority letter are taken on record and marked as "X" and "X1" for identifcation. 2.

In the aforesaid circumstances, the consent terms dated 13.09.2019 are taken on record and marked "X2" for identifcation. The above suit is disposed of in terms of the consent terms. No order as to costs. Refund of court fees, if any, as per rules. 3.

Considering that the suit itself is disposed of nothing survives in Notice of Motion (L) No.1412/2019 and Leave Petition (L) No.250/2019 and the same are disposed of accordingly. (B.P. COLABAWALLA, J.) Pg 2 of 2