India Capital Management Limited And ANR v. India Capital Finance And Investment Advisory Private Limited And ANR

906-NMCDL-169-2016.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT (L) NO. 221 OF 2016 WITH NOTICE OF MOTION (L) NO. 169 OF 2016 India Capital Management Limited and Another ...Plaintiffs

Versus

India Capital Finance and Investment Advisory Private Limited and Another.

...Defendants Mr. Viraag Tulzapurkar, with Mr. Adheesh Nargolkar, Ms. Smriti Yadav, Mr. Vivek Ayyagari i/b M/s. Khaitan and Company for the Plaintiffs.

Mr. Alankar Kirpekar, i/b MAG Legal for the Defendants. Mr. Hemant Mishra, CEO, of Defendant Company present. CORAM: G.S. PATEL, J DATED:

27th October 2016 PC:- 1.

On instructions from Mr. Hemant Mishra, CEO of the Defendant, Mr. Kirpekar makes a statement that the Defendants submit to a decree in terms of prayer clauses (a), (b) and (c). 2.

In view of this, Mr. Tulzapurkar does not press his claim for damages.

27th October 2016

906-NMCDL-169-2016.DOC 3.

As regard the question of change in corporate name of the Defendant, this will be effected on or before 6th February 2017. As regards the domain name, Mr. Kirpekar states that the websites are only under construction and the Defendants are willing to surrender the domain names and have them transferred to the Plaintiffs. The transfer charges are to be borne by the Plaintiffs. A copy of this order will be communicated to the domain name registrar. Particulars of the domain name registrar will be furnished to the Advocates for the Plaintiffs by Mr. Kirpekar on or before 16th November 2016. I expect the domain transfers to be effected by 9th December 2016.

4.

The Defendants' applications for registration of trade marks will be withdrawn on or before 21st November 2016. 5.

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.

6.

Notice of Motion (L) No. 169 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.) 27th October 2016