Meher Distilleries Private Limited v. Agribiotech Industries Limited

sg 1/2 comip1317-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN COMMERCIAL IP SUIT NO.1317 OF 2019 WITH LEAVE PETITION NO.192 OF 2019 IN COMMERCIAL IP SUIT NO.1317 OF 2019 Meher Distilleries Private Limited ...Plaintiff vs.

Agribiotech Industries Limited ...Defendant .........

Mr. Nikhil Sharma, a/w. Ms. Vedangi Soman, i/b. W.S. Kane and Co., for the Applicant/Plaintiff.

Ms. Nidhi Singh, a/w. Ms. Kinjal Bhatt, i/b. Vidhii Partners, for the Defendant.

.........

CORAM : S.C. GUPTE, J.

DATE: 28 JANUARY 2020 P.C.:

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Learned Counsel for the parties inform the Court that they have settled the dispute forming part of the Commercial IP Suit. Learned Counsel tender minutes of order signed by the advocates of the parties, which inter alia provide for submission of the Defendant to a decree in terms of prayer clauses (a) and (b) of the plaint. Learned

sg 2/2 comip1317-19.doc Counsel for the Defendant submits that the advocates of the Defendant have obtained written instructions from their client for these minutes. There will be, accordingly, an order in terms of minutes of order kept on record, marked "X" for identification. The Commercial IP Suit is disposed of accordingly. Let a decree be drawn up. 2.

Since the Plaintiff does not press for any relief in passing off, the leave petition is disposed of without any order. 3.

In view of the disposal of the Commercial IP Suit, the interim application does not survive and is disposed of. (S.C.GUPTE, J.) Smita Gonsalves Gonsalves Date: 2020.01.30 11:44:16 +0530