Bombay High Court
Kross Television India Pvt. Ltd. And Anr vs Vikhyat Chitra Productions And Ors on 28 October, 2021
Author: B.P.Colabawalla
Bench: B.P.Colabawalla
9 COMIP 571-17.doc
LAXMI
SUBHASH
SONTAKKE IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
LAXMI SUBHASH
SONTAKKE
Date: 2021.10.29
IN ITS COMMERCIAL DIVISION
10:29:35 +0530
COMMERCIAL IP SUIT NO. 571 OF 2017
WITH
NOTICE OF MOTION NO. 510 OF 2017
IN
COMMERCIAL IP SUIT NO. 571 OF 2017
WITH
THIRD PARTY NOTICE NO. 3 OF 2017
IN
COMMERCIAL IP SUIT NO. 571 OF 2017
Kross Television India Pvt. Ltd. & Anr. ..Plaintiffs
Vs.
Vikhyat Chitra Productions & Anr. .. Respondents
.....
Mr. Rohan Sawant with Krishna Shah i/b ANP Partners for Plaintiffs.
Mr. Kunal Parekh i/b M/s. Thakare Juriwala & Associates for Defendant
No.9.
.....
CORAM :- B.P.COLABAWALLA, J.
DATE :- OCTOBER 28, 2021.
P. C.:
1. On 16th September, 2021, the following order was passed:
"When these matters are called out, the parties i.e. the advocate for the Plaintiffs, the advocates for Defendant No.9 and Defendant No.1 who is present before the Court through Virtual Laxmi 1/3 9 COMIP 571-17.doc Hearing, have stated that the disputes between the parties have been settled and Consent Terms have been entered into dated 26 th February, 2021. The original Consent Terms are currently in the custody of Defendant No.1 who has signed the same. He has stated that he will be sending these Consent Terms to the advocates for the Plaintiffs tomorrow i.e. 17th September, 2021.
2 Once these Consent Terms are received by the advocates for the Plaintiffs, Defendant No.9 shall sign the original Consent Terms after which they will be couriered to Plaintiff No.2, who is based in Seoul, South Korea for his signature. Once all these parties have signed these Consent Terms, the same can be filed in this Court and a final order can be passed disposing of this Suit.
3 To enable the parties to take necessary steps, stand over to 14th October, 2021.
4 This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order."
2. Today when the matter was called out, the consent terms are tendered before me which have been duly signed by the Plaintiffs and Defendant Nos. 1 and 9. As far as Defendant Nos. 2 to 8 are concerned, Mr. Sawant on behalf of the Plaintiffs stated that they can be dropped from the Suit. It is accordingly ordered.
3. Considering that the consent terms are now signed by the concerned parties and the matter is settled in terms of the consent terms Laxmi 2/3 9 COMIP 571-17.doc dated 26th February, 2021, the same are taken on record and marked 'X' for identification. The undertakings given in the consent terms are accepted as undertakings given to the Court. There shall be a decree in terms of the consent terms.
4. The above Suit is accordingly disposed of.
5. Refund of Court fees, if any, as per rules.
6. In view of the disposal of the Suit, nothing survives in the above Notice of Motions or the Third Party Notice and the same are disposed of accordingly.
7. All parties to act on an authenticated copy of this order digitally signed by the Personal Assistant /Private Secretary/Associate of this Court.
(B. P. COLABAWALLA, J.) Laxmi 3/3