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Corvi Led Pvt. Ltd. v. Samson Lighting Pvt. Ltd.

2016-12-06Hon'Ble Shri Justice G.S. Patel2 pages

232-SL959-16+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 959 OF 2016 WITH NOTICE OF MOTION (L) NO. 2926 OF 2016 Corvi LED Private Limited ...Plaintiffs

Versus

Samson Lighting Private Limited ...Defendants Mr. Amit Jamsandekar, i/b V.A.

Associates, for the Plaintiffs.

Mr. Alankar Kirpekar, with Mr. Shekhar Bhagat, Mr. Murlidhar Khadilkar & Mr.

Aakash Joshi, i/b MAG Legal, for the Defendants.

CORAM: G.S. PATEL, J DATED:

6th December 2016 PC:- 1.

Mr. Kirpekar appears for the Defendants. He has instructions to submit to a decree in terms of prayer clause (a), which is for an injunction. Mr. Jamsandekar does not press prayer (b) which is for damages. As regards prayer (c), Mr. Kirpekar makes a statement, on instructions, that there is no material and that there are no goods with the impugned design. This statement is noted and accepted. 2.

Mr. Kirpekar tenders a certified copy of the Resolution of the Defendants' Board of Directors in regard to the Defendants' 6th December 2016

232-SL959-16+.DOC instructions to submit to a decree. This is taken on record and marked "X" for identification.

3.

The Suit is decreed in the aforesaid terms. Refund of court fee, if any, in accordance with the Rules.

4.

Drawn up order/decree dispensed with.

5.

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

6.

In view of this, the Notice of Motion does not survive and is disposed of as infructuous.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 6th December 2016