Bajaj Healthcare Ltd. v. Jiangsu Inner Biotechnology Co. Ltd. And 2 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION SUIT NO.1509 OF 2018 WITH NOTICE OF MOTION NO.2579 OF 2018 WITH NOTICE OF MOTION NO.2406 OF 2018 Bajaj Healthcare Ltd.

..Plaintiff Vs.

Jiangsu Inner Biotechnology Co. Ltd. & Ors ..Defendants Mr. Amol Wagh I/b Mr. Sagar Kasar for Plaintiff Mr. Dhananjay S. Hatle, Director of Plaintiff present Mr. Dharshan R. Mehta I/b M/s Dhruve Liladhar & Co. for Defendant No.1 Mr. Sahil Bhatia, Constituted Attorney of Defendant No.1 present Mr. Vishal S. Tambat for Defendant No.2 Mr. Vedant Desai I/b M. Mulla Associates for Defendant No.3 CORAM : K.R.SHRIRAM, J.

DATE : 13th JUNE 2019 P.C.:

Plaintiff and defendant no.1 have entered into consent terms dated 13th June 2019. Counsel for plaintiff states that since the main dispute is between plaintiff and defendant no.1 and defendant nos.2 and 3 were only formal parties, plaintiff is ready and willing to drop defendant nos.2 and 3 with liberty to include them in a suit, if required to be filed pursuant to clause (7) of the consent terms. Suit as against defendant nos.2 and 3 dismissed as withdrawn with liberty as prayed for. The consent terms signed by plaintiff, defendant no.1 and their respective advocates is taken on record and marked "X" for identification.

2/8 Mr. Wagh and Mr. Mehta state that signatories of plaintiff and defendant no.1 are present in court and identify them. For ease of reference, the consent terms are scanned and reproduced herein below:

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7/8 Order in terms of consent terms.

All undertakings accepted and so ordered. In view of the undertakings given and in addition the personal assurance of Mr. Athale for himself, for plaintiff and for other directors of plaintiff and Mr. Athale says that he has authority to give this undertaking, that the amount as agreed in

8/8 the consent terms will be remitted, the suit is allowed to be withdrawn as prayed for by plaintiff.

Refund of court fees, if any, in accordance with rules. All interim applications and other interim orders stand vacated. All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)