Phonographic Performance Limited v. Indo Pacific Resorts Private Limited

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IPR SUIT NO. 74 OF 2024 WITH INTERIM APPLICATION (L) NO. 8559 OF 2024 Phonographic Performance Limited ...Plaintiff

Versus

Indo Pacific Resorts Private Limited & Ors.

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

Mr. Samrat Patil, Authorised Representative for the Plaintiff. Mr. Sugam Saraswat, Director of the Defendant No. 1 present through V.C.) ---------- CORAM : R.I. CHAGLA J DATE : 15 July 2024 ORDER :

1.

The Plaintiff and the Defendants have entered into the Consent Terms dated 1st June 2024. The Consent Terms have been SHARAYU PANDURANG KHOT tendered and taken on record and marked 'X' for identification. The Digitally signed by SHARAYU PANDURANG KHOT Date:

2024.07.22 14:43:50 +0530 Consent Terms have been signed by the signatory of the Plaintiff and authorised representative of the Defendants, viz. Defendant No. 5. 1/3

The necessary authorisations have been appended to the Consent Terms. The documents of identification of Defendant No. 5 has also appended to the Consent Terms.

2.

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. 3.

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

4.

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

5.

Interim Application (L) No. 8559 of 2024 does not survive and is accordingly disposed of.

6.

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

2/3

7.

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

8.

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. 9.

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 to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. [R.I. CHAGLA J.] 3/3