Pidilite Industries Limited vs Tayyab Ali Malak And 2 Ors on 12 February, 2020

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Bombay High Court

Pidilite Industries Limited vs Tayyab Ali Malak And 2 Ors on 12 February, 2020

Bench: S.C. Gupte

sg                                             1/2                             comipl37-20.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

             INTERIM APPLICATION NO.1 OF 2020 (Not on Board)
                                  IN
                  COMMERCIAL IP SUIT (L) NO.37 OF 2020
                                 WITH
                    LEAVE PETITION (L) NO.11 OF 2020
                                  IN
                  COMMERCIAL IP SUIT (L) NO.37 OF 2020

Pidilite Industries Limited                                  ...Plaintiff
        vs.
Tayyab Ali Malak And 2 Ors.                       ...Defendants
                                .........
Mr. Hiren Kamod, a/w. Mr. Nishad Nadkarni and Ms. Khushboo
Jhunjhunwalla, i/b. M/s. Khaitan and Co., for the Plaintiff.

Mr. Shailesh Rai, i/b. Ms. Shivani R. Bindra, for the Defendants.

Mr. Nitin Sahadevan, Authorised signatory of the Plaintiff present.

Mr. Tayyab Ali Malak, Defendant No.1 present.
                               .........
                        CORAM : S.C. GUPTE, J.

DATE: 12 FEBRUARY 2020 P.C.:

. This Commercial IP Suit is in respect of infringement of registered trademarks as well as breach of copyright in a registered design and also a case of passing off. Learned Counsel for the parties tender Consent Terms duly signed by the parties through themselves/their authorized representatives and also by their respective advocates. Learned Counsel seek disposal of the suit in terms of the Consent Terms. The Consent Terms envisage a decree on admission in ::: Uploaded on - 17/02/2020 ::: Downloaded on - 09/06/2020 00:28:04 ::: sg 2/2 comipl37-20.doc terms of prayer clauses (a) to (k) of the plaint. The Consent Terms are taken on record, marked "X" for identification. The statements and undertakings contained therein are accepted.

2. Leave Petition (L) No.11 of 2020 is, in the premises, allowed, and a decree is passed in terms of the Consent Terms. No order as to costs. Refund of Court fees in accordance with the applicable rules. This order is passed in the presence of the signatories to the Consent Terms.

3. In view of the disposal of the suit, the interim application does not survive and is disposed of.

(S.C.GUPTE, J.) ::: Uploaded on - 17/02/2020 ::: Downloaded on - 09/06/2020 00:28:04 :::

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