Bombay High Court
Euro Panel Products Private Limited vs Eurobond Industries Pvt.Ltd on 3 May, 2021
Author: K.R. Shriram
Bench: K.R.Shriram
1/16 9.ial-9715-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.9715 OF 2021
IN
COMMERCIAL IP SUIT NO.157 OF 2014
Euro Panel Products Pvt Ltd. ...Applicant/plaintiff no.1
IN THE MATTER OF
Euro Panel Products Pvt Ltd. & Anr ....Plaintiffs
V/s.
Eurobond Industries Pvt Ltd.
presently known as 4Mann Industries pvt Ltd. ....Defendant
Mr. Naushad Engineer a/w. Mr. Aditya Thakkar, Mr. Murtuza Federal, Mr.
Krunal Mehta and Mr. Gaurav Saxena i/b. Federal and Co. for plaintiff no.
1/applicant in IAL/10981/2021.
Mr. Ashish Kamat a/w Mr. Gautam Sahni and Ms. Prakriti Shah i/b. Vesta
Legal for defendant/applicant in IAL/9715/2021.
Mr. Pravin Nardele, OSD, Court Receiver present.
CORAM : K.R.SHRIRAM, J.
DATED : 3rd MAY 2021 P.C. :
1 Mr. Kamat states that the matter has been worked out between the parties. Mr. Engineer for plaintiff no.1 states that plaintiff no.1 has taken out an Interim Application (L) No.10981 of 2021, by which, plaintiff no.2 is being transposed as defendant no.2 and for leave to amend the plaint. Mr. Kamat has no objection. Mr. Engineer states that plaintiff no.1 is the sole and lawful proprietor of the Trade Mark EUROBOND (device) and plaintiff no.2 had no right, title and interest in EURO (word), EUROBOND (word) and EURO DEVICE (label) as mentioned in paragraph between paragraph Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 2/16 9.ial-9715-21.doc nos.5 and 6 of the Interim Application (L) No.10981 of 2021. In the plaint in paragraph 14, it is also stated that by an assignment deed dated 16 th May 2004 entered into between plaintiff no.2 and plaintiff no.1, plaintiff no.2 has assigned the Trade Mark EUROBOND to plaintiff no.1 alongwith good will.
2 In the circumstances, Interim Application No.10981 of 2021, which is not listed today, but taken up for hearing by consent, is allowed and disposed in terms of prayer clause (a). Amendment to be carried out within one week from today.
3 Mr. Engineer seeks leave to withdraw the suit against newly added defendant no.2, who was originally plaintiff no.2. The suit accordingly stands dismissed against newly added defendant no.2. 4 Plaintiff and Defendant no.1 have entered into consent terms dated 30th April 2021. The consent terms signed by the Director of plaintiff and authorised signatory of defendant no.1, who is also the Managing Director of defendant no.1 and their respective advocates, is taken on record and marked "X" for identification. Mr. Engineer and Mr. Kamat state that plaintiff's representative and defendant no.1's representative are present online (though, I cannot see them). For ease of reference, the consent terms without enclosures (13 pages) is scanned and reproduced hereinbelow:
Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 3/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 4/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 5/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 6/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 7/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 8/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 9/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 10/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 11/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 12/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 13/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 14/16 9.ial-9715-21.doc Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 15/16 9.ial-9715-21.doc 5 Order in terms of consent terms.
6 All statements accepted and all undertakings accepted.
7 Suit stands disposed in terms of consent terms. Refund of court fees, if any, in accordance with rules.
8 All interim applications accordingly stands disposed.
Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 ::: 16/16 9.ial-9715-21.doc 9 Court receiver accordingly stands discharged without passing of accounts. Statement of Mr. Kamat that all charges and expenses of the court receiver shall be paid within 15 days of receiving a communication from the court receiver, is accepted. 9 All to act on authenticated copy of this order.
(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 03/05/2021 ::: Downloaded on - 09/09/2021 23:37:18 :::