Phonographic Performance Limited v. Jassi De Parathe

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IPR SUIT NO. 71 OF 2024 WITH INTERIM APPLICATION (L) NO. 7380 OF 2024 Phonographic Performance Limited ...Plaintiff

Versus

Jassi De Parathe & Ors.

...Defendants ---------- Mr. Amogh Singh, Mr. Asmant Nimbalkar, Mr. Anil Kumar i/by Mr. D.P. Singh for the Plaintiff.

Mr. Jackson C. Aimon, Authorised representative of the Plaintiff is present.

---------- CORAM : R.I. CHAGLA J DATE : 30 August 2024 ORDER :

1.

The Plaintiff and the Defendants have arrived at a settlement in the above Suit. The Consent Terms dated 18th July SHARAYU PANDURANG KHOT 2024 have been tendered and taken on record and marked 'X' for Digitally signed by SHARAYU PANDURANG KHOT Date:

2024.09.04 16:58:08 +0530 identification. The Consent Terms have been signed by the authorised representative of the Plaintiff and the Advocate for the Plaintiff as well as by the authorised representative of the Defendant. 1/4

2.

Appended to the Consent Terms is the authorisations of the Plaintiff authorising the signatory to the Consent Terms to execute the Consent Terms. Further appended to the Consent Terms is the Resolution passed by the partners of the Defendant No. 1Partnership Firm authorising the signatory on behalf of the Defendants, who is the partner of the Firm to execute the Consent Terms. Also appended to the Consent Terms is the document of identification of the signatory on behalf of the Defendants to the Consent Terms. The signatory on behalf of the Defendants is also present virtually.

3.

I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions. 4.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

5.

The Suit is disposed of and decreed in accordance with the Consent Terms.

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6.

Interim Application (L) No. 7380 of 2024 in which, this Court had vide order dated 27th March 2024 granted prayer clause (a) of the Interim Application, no longer survives, in view of the Suit having been disposed of and decreed and is accordingly disposed of. 7.

Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.

8.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

9.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 10.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according 3/4

to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. [R.I. CHAGLA J.] 4/4