Glenmark Pharmaceuticals Ltd. v. Ashley Pharmatech Pvt. Ltd. And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 14 OF 2022 WITH INTERIM APPLICATION NO. 2830 OF 2021 IN COMMERCIAL IP SUIT NO. 14 OF 2022 Glenmark Pharmaceuticals Ltd.
...
Plaintiff
Versus
Ashley Pharmatech Pvt. Ltd. & Anr.
...
Defendants Mr. Mahesh A. Mahadgut a/w Ms. Poonam Teddu and Kaivalya Shetye i/b H.A. Mahadgut for the Plaintiff.
Ms. Archana Bene, authorised Rep. of the Plaintiff, Present. Mr. Neeraj Agarwal, Director of Defendant No.1, present. Mr. Vineet Maini, Partner of Defendant No.2, present. CORAM : R.I. CHAGLA, J.
DATED : 8th FEBRUARY, 2022.
(V.C.) ORDER :
The parties have settled their disputes. Two Consent Terms dated 23.12.2021 have been tendered.
The consent terms have been signed by Ms. Archana Bene, General Manager, authorised signatory of the Plaintiff, the Advocate for 1/3
the Plaintiff as well as by the Director of Defendant No.1. The consent terms are taken on record and marked 'X' for identification. The second Consent Terms have been signed by Ms. Archana Bene, General Manager, authorised signatory of the Plaintiff and the Advocate for the Plaintiff as well as by Mr. Vineet Maini, partner of Defendant No.2 and the learned Advocate for the Defendants. The second Consent terms are taken on record and marked 'X-1' for identification.
I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions.
The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.
The Suit is disposed of and decreed in accordance with the Consent Terms.
Drawn up decree/order is dispensed with unless the parties seek drawn up decree/order, in which case they are entitled to apply. A soft copy of the Consent Terms will be uploaded as the second order in the matter.
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The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.
of this order.
In view of the disposal of the Suit, the Interim Application does not survive and is accordingly disposed of. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.02.09 15:07:01 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) 3/3