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Bombay High CourtIA/1238/2025disposed off

Biotalys N.V. v. Biotalys India Private Limited

2025-05-07Hon'Ble Shri Justice Manish Pitale2 pages

905_COMIP118_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO.118 OF 2025 Biotalys N. V.

...

Plaintiff Vs.

Biotalys India Private Limited ...

Defendant WITH INTERIM APPLICATION NO.1238 OF 2025 WITH COURT RECEIVER'S REPORT NO.328 OF 2023 IN COMMERCIAL IP SUIT NO.118 OF 2025 --- Mr. Karan Khiani a/w. Mr. Rohan Lopes i/b. Mr. Karan Khiani and Ms.Rashmi Singh for Applicant / Plaintiff.

Ms. Arushi Vyas a/w. Mr. Siddharth K. for Respondent / Defendant. Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. CORAM : MANISH PITALE, J.

DATE : MAY 07, 2025 P.C. :

.

The learned counsel for the parties inform this Court that the disputes between the parties are now settled and that, a settlement agreement was executed between the parties. Further, the parties executed an addendum to the said settlement agreement. The copies of the settlement agreement as well as the addendum are tendered. They are signed by the authorized signatories of the parties. The settlement agreement is taken on record and marked 'X' and the addendum is also taken on record and marked 'Y'.

2.

The suit is disposed of as per the settlement agreement read with the addendum.

MINAL SANDIP PARAB Date: 2025.05.07 19:00:26 +0530 MINAL SANDIP PARAB 3.

The parties to the settlement agreement read with the addendum 1/2

905_COMIP118_25.doc are directed to abide by their respective obligations as per the said documents. The undertakings given in the said documents are accepted as undertakings given to this Court.

4.

A soft copy of the settlement terms along with addendum shall be uploaded as the second order in the matter. The hard copy, duly signed by the advocates appearing for the respective parties, shall be retained in the record and shall not be sent for destruction in the ordinary course. 5.

The Court fees shall be refunded as per the Rules. For the purposes 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. 6.

The Receiver stands discharged without passing up of accounts and upon payment of costs, charges and expenses, if any, to be borne by the plaintiff. The report of the Receiver is accordingly disposed of. 7.

In the light of the suit being disposed of, the pending applications are also disposed of.

(MANISH PITALE, J.) Minal Parab 2/2