Bombay High Court
Parle Agro Pvt Ltd vs Gupta Packaging on 3 September, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
2024:BHC-OS:13706
4-COMIP-112-23.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL IPR SUIT NO. 112 OF 2023
WITH
INTERIM APPLICATION NO. 1377 OF 2023
WITH
COURT RECEIVER'S REPORT NO. 103 OF 2023
Parle Agro Private Limited ...Plaintiff
Versus
Gupta Packaging & Anr. ...Defendants
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Mr. Ramesh Gajria, Raina Gajria i/by Gajria & Co. for the Plaintiff.
Mr. Atmaram Patade a/w Mr. Suraj Naik, Mr. Pranav Manjrekar, Ms.
Aarya Shirodkar, Mr. Rohit Rao i/by Atmaram Patade for the
Defendants.
Ms. Charushila M. Vaidya, 2nd Asstt. Court Receiver present.
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CORAM : R.I. CHAGLA J
DATE : 3 September 2024
ORDER :
1. The Plaintiff and the Defendants have arrived at a SHARAYU PANDURANG KHOT settlement in the above Suit. The Consent Terms bearing today's date Digitally signed by SHARAYU PANDURANG KHOT have been tendered and taken on record and marked 'X' for Date:
2024.09.05 18:52:43 +0530 identification. The Consent Terms have been signed by the Constituted Attorney of the Plaintiff and Advocates of the Plaintiff as 1/4 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 06/09/2024 00:36:23 ::: 4-COMIP-112-23.doc well as by Proprietor of Defendant No. 1, who has also signed for Defendant No. 2 and the Advocates for the Defendants.
2. Appended to the Consent Terms are the impugned label and/or colour scheme which is annexed at Annexure-1 and it is also depicted at Exh.J to the Plaint. Further appended to the Consent Terms is the document of identification of the proprietor of Defendant No. 1 who has also signed on behalf of Defendant No. 2. Also appended to the Consent Terms is the authorisation of the Plaintiff authorising the signatory to the Consent Terms to execute the Consent Terms. There is a document of identification of the signatory on behalf of the Plaintiff who has executed the Consent Terms.
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. 2/4 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 06/09/2024 00:36:23 :::
4-COMIP-112-23.doc
5. Leave Petition (L) No. 4144 of 2023 for leave under Clause XIV of the Letters Patent is allowed by consent of the parties.
6. The parties have consented to the decree in terms of prayer clauses (b) and (c) of the Plaint.
7. Accordingly, the Suit is disposed of and decreed in terms of prayer clauses (b) and (c) of the Plaint.
8. In Clause 6 of the Consent Terms, the Defendants have undertaken that within a period of 15 days, they shall destroy all products/packaging/promotional material/print material, etc. bearing the impugned label at their own costs and expenses in the presence of the Plaintiffs' representatives.
9. In view thereof, Court Receiver appointed by this Court is discharged without drawing up of accounts and on payment of costs, charges and expenses to be borne by the Plaintiff.
10. Court Receiver's Report No. 103 of 2023 is disposed of.
11. Interim Application No. 1377 of 2023 does not 3/4 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 06/09/2024 00:36:23 ::: 4-COMIP-112-23.doc survive and is accordingly disposed of.
12. Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.
13. A soft copy of the Consent Terms will be uploaded as the second order in the matter.
14. 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.
15. 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.
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