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Bombay High CourtAO/21/2022disposed off

Konkan Agro Marine Industries Pvt. Ltd. Nagpur v. V. K. Distilleries Pvt. Ltd. Ahmednagar

2022-09-28Hon'Ble Shri Justice Amit B. Borkar2 pages

1 910.ao.21.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR APPEAL AGAINST ORDER NO.21/2022 Konkan Agro Marine Industries Pvt. Ltd. Vs. V. K. Distilleries Pvt. Ltd. ................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders .................................................................................................................................................. Mr. C. S. Dharmadhikari, Advocate for Appellant. Mr. M. A. Vishwarupe, Advocate for Respondent. CORAM : AMIT B. BORKAR, J.

DATED :

28th SEPTEMBER, 2022.

.

Both the learned Advocates appearing for the parties state that the plaintiff and defendant have amicably resolved their dispute in relation to trademark in question. It is jointly stated that, the defendant shall sell only 1810 boxes in the market having trademark 'Popular Santra No.1' having Batch No.12 in the month April 2021.

2.

It is also agreed between the parties that after 1810 boxes are sold, the defendant shall not manufacture his product having trademark 'Popular Santra No.1' or any other mark which is deceptively similar to the said mark. 3.

The parties have tendered letter dated 02.08.2022, which is marked as "X" for identification. 4.

The defendant shall pay an amount of Rs.1,00,000/- by way of cheque bearing No.009743 drawn on Axis Bank.

2 910.ao.21.22.odt 5.

Since the parties have amicably resolved entire subject matter of the suit, it is not necessary to keep the suit pending.

6.

The present appeal and the suit are disposed of in terms of observations made above.

JUDGE RGurnule MANOJ MANDADE 16:42