Murlidhar S. Chhabaria Proprietor Of Asha Industries v. Ajanta Printarts And 3 ORS.

Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 339 OF 2017 Murlidhar S. Chhabaria ... Plaintiff.

Versus

Ajanta Printarts & Ors.

... Defendants.

. . . . . .

Mr. Hemant Thandani i/b Krishna and Saurastri Associates LLP for Plaintiff.

(Mr. Deepak Chaabria, Constituted Attorney of Plaintiff present.) Ms. Vinita Hombalkar i/b Orbit Law Services for Defendant No.1. (Mr. Vivek Khanna- Partner of Defendant No.1.) Mr. Ramesh Gajria i/b Gajria and Co. for Defendant Nos. 2 & 3. (Mr. Piyush Shah-Defendant No.2 and Mr. Umesh Yadav, Director of Defendant No.3 are present.

. . . . . .

CORAM : K. R. SHRIRAM, J.

DATE : 22nd JULY, 2019 P. C. :

1.

At the outset, Mr. Hemant Thandani, Advocate for plaintiff seeks leave to withdraw the suit as against defendant no.4. 2.

Suit is dismissed as withdrawn as against defendant no.4.

3.

Plaintiff, defendant no.1, 2 and 3 have entered into consent terms dated 22nd July 2019 and tendered the consent terms which has been signed by plaintiff, defendants Nos. 1 to 3 and their 1/6

respective Advocates. Signatories to the Consent terms, I am informed by the counsel are present in Court and identified by them. 3.

For ease of reference the consent terms is scanned and reproduced below without enclosures :- 2/6

3/6

4/6

4.

All statements in consent terms are accepted and all undertakings are also accepted. The suit stands decreed in terms of 5/6

prayer Clause (a), (b), (c) and (d). Drawn up decree dispensed with.

5.

Refund of Court Fees, if any, in accordance with rules. 6.

The Court Receiver stands discharged without passing of accounts. Plaintiff undertakes to pay any charges remaining to be paid to the Court Receiver within two weeks from receiving a communication from the Court Receiver. Undertaking Accepted. 7.

The goods which have been seized by the Court Receiver and kept in the premises of defendant no.1 shall be destroyed by defendant no.1 in presence of plaintiff/ plaintiff's representative. The defendant no. 1 shall give at least 72 hours notice to plaintiff before destruction and also inform the date and time of destruction so that plaintiff shall remain present. If plaintiff does not remain present, defendant may go ahead and destroy the goods and inform plaintiff accordingly.

8.

All interim applications stand disposed. All interim orders, if any, also stand vacated.

9.

All parties to act on authenticated copy of this order. (K. R. SHRIRAM, J.) 6/6