Socomed Pharma Private Limited v. Syncom Formulations (I) Ltd.

913-NMSL2475-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 853 OF 2016 WITH NOTICE OF MOTION (L) NO. 2475 OF 2016 Socomed Pharma Private Limited ... Plaintiffs

Versus

Syncom Formulations (I) Ltd.

... Defendants Mr. Alankar Kirpekar, i/b MAG Legal, for the Plaintiffs. Mr. Pradeep Vade, i/b Pradeep Vade & Associates, for the Defendants.

Mrs. Kavita Ambekar, IInd Assistant to Court Receiver, present.

CORAM: G.S. PATEL, J DATED:

23rd November 2016 PC:- 1.

Mr. Kirpekar, on instructions from Mr. Ramyash Raghunandan Vishwakarma, an authorised representative of the Defendant and who is personally present in Court, says that the Defendant submits to a decree in terms of prayer clauses (a), (b) and (d) of the Suit. Mr. Kirpekar upon instructions also states that Defendant will withdraw its trade mark Application, if any, and filed with the Trade Mark Registry. The Defendant will file an Affidavit of compliance within a period of sixteen weeks from today. 23rd November 2016

913-NMSL2475-16.DOC 2.

Mr. Kirpekar, therefore, does not press his prayer for damages.

3.

The Suit is decreed in these terms with no order as to costs. Drawn up decree is dispensed with. Refund of Court Fees, if any, in accordance with the Rules.

4.

The Court Receiver had sealed certain goods. These are to be destroyed by the Defendants at their cost within a period of 12 weeks.

5.

The Court Receiver stands discharged without passing accounts but on payment of his costs, charges and expenses within four weeks from today by the Plaintiffs.

6.

Notice of Motion (L) No.2475 of 2016 does not survive and is disposed of accordingly.

7.

All concerned to act on an authenticated copy of this Order. (G. S. PATEL, J.) 23rd November 2016