Bombay High Court
Shalina Laborators Private Limited And ... vs Brawn Laboratories Ltd on 9 February, 2021
Author: G. S. Patel
Bench: G.S. Patel
6-IAL5258-20+.DOCX
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT (L) NO. 5255 OF 2020
WITH
INTERIM APPLICATION (L) NO. 5258 OF 2020
WITH
INTERIM APPLICATION (L) NO. 5257 OF 2020
WITH
LEAVE PETITION NO. 137 OF 2020
IN
COMMERCIAL IP SUIT (L) NO. 5255 OF 2020
Shephali Shalina Laboratories Pvt Ltd & Anr ...Plaintiffs
Mormare
Versus
Digitally signed
by Shephali
Mormare
Brawn Laboratories Ltd ...Defendant
Date: 2021.02.10
14:16:23 +0530
Mr Poonam Teddu i/b Mahesh Mahadgut, for the Plaintiffs.
Mr Ashok Sing, for the Defendant.
Mr Toraskar, Section Officer from the office of the Court Receiver,
present.
CORAM: G.S. PATEL, J
DATED: 9th February 2021
PC:-
Page 1 of 3
9th February 2021
6-IAL5258-20+.DOCX
1.The parties have settled their disputes. Consent Terms are tendered. These are taken on record, and marked "C1" for identification with today's date. The Consent Terms are signed by the authorised representatives of the parties, and their Advocates. The necessary authorisations are annexed.
2. The Consent Terms provide for a decree in favour of the Plaintiffs in terms of prayer clauses (a), (b), (c), and (d) of the Suit.
3. The undertakings in the Consent Terms are accepted as undertakings to the Court.
4. The Suit is disposed of with an order and decree in terms of the Consent Terms.
5. Drawn up decree is dispensed with.
6. The pending Interim Applications are also disposed of.
7. The Court Receiver stands discharged without passing accounts, but on payment of his costs, charges, and expensesby the Plaintiffs within a period of two weeks from today.
8. There is a pending Leave Petition filed under Clause XIV of the Letters Patent. Since the Defendant is represented, the Leave Petition is disposed of for completeness and record.
Page 2 of 39th February 2021 6-IAL5258-20+.DOCX
9. A soft copy of the Consent Terms will be uploaded as the second order in the matter. The Registry is to ensure that the hard copy of the signed Consent Minutes of the Order is permanently retained on file as part of the record, and is not sent for destruction in the ordinary course.
10. Refund of the Court fees 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.
11. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 3 of 3 9th February 2021