Vardhman Exports v. Saga Laboratories

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO.558 OF 2016 WITH LEAVE PETITION NO.173 OF 2016 IN COMMERCIAL IP SUIT NO.558 OF 2016 Vardhman Exports ....Plaintiff Vs.

Saga Laboratories ....Defendant ---- Mr. Mandar Soman for plaintiff.

Mr. Nandkishor Dound, constituted attorney of plaintiff present. Mr. Nachiket Patkar I/b. Mrugank and Basutkar Law Partners for defendant.

Mr. Rajesh C. Patel, authorised signatory of defendant present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 23rd JULY 2019 P.C.:

Parties have entered into consent terms dated 23rd July 2019. The consent terms signed by the constituted attorney of plaintiff, authorised signatory of defendant and their respective advocates is taken on record and marked 'X' for identification. The counsel state that the signatories to the consent terms are present in Court and identify them. Order in terms of the consent terms. All statements are accepted as undertaking to this Court. All undertakings are also accepted.

2/5 The consent terms without enclosures, for ease of reference, is scanned and reproduced hereinbelow :

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4/5 Suit accordingly stands decreed in terms of prayer clauses - (a) and (b), which read as under :

(a) that the defendant by itself, its servant and agents be restrained by a perpetual order and injunction using the impugned mark, i.e., Parapain or any other deceptively similarly Trade Mark so as to infringe the plaintiff's registered Trade Mark bearing No.2021700.

(b) that this Hon'ble Court be pleased to grant a perpetual order and injunction restraining the defendant by itself, its agents and servants from using in relation to any pharmaceutical preparations the impugned mark and the impugned label/carton (Exhibit D hereto) or any other deceptively similar Trade Mark and/or label/carton so as to pass of or enable others to pass of the Defendant's goods as and for the goods of the plaintiff.

5/5 Drawn up decree dispensed with. Refund of court fees, if any, in accordance with rules.

All interim applications, including leave petition stand disposed. All interim orders also stand vacated. Court Receiver stands discharged subsequent to destruction of goods without passing of accounts. Undertaking of defendant to pay all charges of Court Receiver within one week of receiving the communication from Court Receiver is accepted and so ordered. (K.R. SHRIRAM, J.)