Centaur Pharmaceuticals Private Limited v. Aromed Pharmaceuticals

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 239 OF 2024 WITH INTERIM APPLICATION (L) NO. 31285 OF 2024 AND LEAVE PETITION (L) NO. 32955 OF 2024 AND COURT RECEIVER REPORT NO. 489 OF 2024 IN COMMERCIAL IP SUIT NO. 239 OF 2024 Centaur Pharmaceuticals Private Limited ...

Applicant/ Plaintiff

Versus

Aromed Pharmaceuticals & Anr.

...

Defendants ****** Ms. Nidhi Bangera a/w B. N. Poojari and Rahul Poojari i/by Asian Patent Law for the Plaintiff.

Ms. Geeta Kunder for Defendant Nos. 1 and 2.

****** CORAM: MANISH PITALE, J.

DATE : 30th JANUARY 2025 P.C. :

.

The learned counsel for the parties inform this Court that the disputes between the plaintiff and defendants are settled and the consent terms are executed.

DHARMENDER PRITHIANI Date: 2025.01.31 11:01:34 +0530 BIPIN DHARMENDER PRITHIANI 2.

The consent terms are signed by the Director of the plaintiff, while the Proprietor of defendant No.1 and one of the Directors of defendant No.2 have signed the consent terms. This Court finds

that the consent terms are in order, as they are also signed by the respective Advocates of the parties. The consent terms are taken on record.

3.

It is pointed out that a leave petition is pending. By consent, the leave petition is granted.

4.

Clause 3 of the consent terms records that the defendants have shown willingness to submit to a decree in terms of prayer clauses (a) and (c). The suit is decreed accordingly. 5.

The plaintiff has also received amount of damages specified in clause 10 of the consent terms.

6.

The undertakings given in the consent terms are accepted as undertakings given to this Court. The parties to the consent terms shall abide by their respective obligations as per the consent terms. 7.

A soft copy of the consent terms shall be uploaded as second order in the matter. A hard copy of duly signed consent terms shall be retained in the record and shall not be sent for destruction in the usual course.

8.

In view of the disposal of the suit, the Court 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 Court Receiver is accordingly disposed of. 9.

The Court fees shall be refunded as per 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.

10.

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

MANISH PITALE, J.