Marico Ltd v. Anu Veda Herbals

7_COMIP(L)_30811_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT (LODGING) NO. 30811 OF 2022 Marico Limited ...

Plaintiff vs.

Anu Veda Herbals ...

Defendant WITH INTERIM APPLICATION (LODGING) NO. 30815 OF 2022 WITH LEAVE PETITION (LODGING) NO. 30813 OF 2022 WITH COURT RECEIVER'S REPORT NO. 364 OF 2022 IN COMMERCIAL IP SUIT (LODGING) NO. 30811 OF 2022 Mr. Hiren Kamod a/w. Ms. Niyati Davawala, i/by. Davawala & Shah LLP for plaintiff.

Ms. Heena Mistry for defendant.

Ms. Rekha Rane, IInd Assistant to Court Receiver. CORAM : MANISH PITALE, J DATE : 21st NOVEMBER, 2022 P.C. :

.

The parties have settled their dispute and consent minutes of order signed by the learned counsel for the respective parties are handed over. The consent minutes of order are taken on record and marked 'X' for identification.

2.

By consent of the parties, leave petition filed under Clause XIV of the Letters Patent is granted.

3.

The consent minutes of order record the fact that the defendant has submitted to decree in favour of the plaintiff in terms of prayer clauses (a) to 1/2

7_COMIP(L)_30811_22.doc (e) of the plaint. The defendant agrees to abide by the decree. It is also recorded that the defendant has issued a demand draft of Rs.3 lakhs towards the costs as mutually agreed between the parties towards full and final settlement of the dispute. The undertakings given by the parties are accepted as the undertakings to this Court.

4.

The suit is decreed as per the consent terms. A soft copy of the minutes of the consent terms shall be uploaded as the second order in the matter. The hard copy of the consent terms, duly signed by the parties and respective counsel shall be retained in the record and shall not be sent for destruction in the usual course.

5.

Court Receiver's Report No.364/2022 is taken on record and stands disposed of and the Court Receiver stands discharged, without passing up of accounts and upon payment of costs and charges. 6.

The Court fees shall be refunded as per the rules. For the purpose of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, today's date shall be the date of making a claim for repayment. The Prothonotary and Senior Master shall proceed to issue a certificate for refund of Court fees, on the basis of an authenticated copy of this order, without insisting upon a separate application.

7.

Pending applications, if any, stand disposed of in view of the disposal of the suit.

(MANISH PITALE, J) Priya Kambli 2/2