Parag Milk Foods Limited vs Ratna Jyoth Milk Product on 23 February, 2024

[Cites 0, Cited by 0]

Bombay High Court

Parag Milk Foods Limited vs Ratna Jyoth Milk Product on 23 February, 2024

Bench: Bharati Dangre

                                   1/2                 3 IAL 29982-23.doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
          INTERIM APPLICATION (L) NO. 29982 Of 2023
                            IN
            COMMERCIAL IP SUIT NO. 29762 OF 2023


Parag Milk Foods Limited                     .. Applicant
                         Versus
Ratna Jyoth Milk Product                     .. Respondent

                                         ...

Mr. Murlidhar Khadilkar for the applicant.
Mr. Rashmin Khandekar and Mr.Anand Mohan i/b Mr.Amit
Kukreja and Ms.Gauri Sansare for defendant no.1.
Ms.Charushila M. Vaidya, 2nd Assistant to Court Receiver,
present.

                            CORAM: BHARATI DANGRE, J.

DATED : 23rd FEBRUARY, 2024 P.C:-

1 In the wake of the order dated 21/2/2024, the Minutes of Order under the signature of the Advocate for the plaintiff and defendant no.1 signed on 23/2/2024 are placed before me.

2 The Minutes of Order are drawn in the backdrop of the ex-parte ad-interim order dated 26/10/2023 and the order is executed by visiting the premises of defendant no.1 on 6/1/2023 Tilak ::: Uploaded on - 26/02/2024 ::: Downloaded on - 08/03/2024 03:34:24 ::: 2/2 3 IAL 29982-23.doc and the Court Receiver has submitted its report No.446/2023 in this regard.

3 In the wake of the above, the Minutes of Order record the understanding between the parties as regards the goods/ commodities/equipments seized, and/or placed under the seal of the Court Receiver, finds place in the minutes of order.

The Minutes of Order are taken on record and marked as "X". The same shall bind the plaintiff and the defendant, as they have undertaken to act accordingly.

Interim Application is made absolute in terms of the Minutes of Order.

4 The parties also agree to have a settlement in the Suit itself subject to the defendant no.1 filing affidavit of disclosure, since the defendant has already agreed that it shall not use the impugned mark and/or deceptively similar to the plaintiffs registered trademark.

The said undertaking is accepted as an undertaking given to the Court.

List the Commercial (IP) Suit for further directions on 18/3/2024 with an expectation that the parties shall finally draw curtains on their discord.

( SMT. BHARATI DANGRE, J.) Tilak ::: Uploaded on - 26/02/2024 ::: Downloaded on - 08/03/2024 03:34:24 :::

Unlock Advanced Research with PRISMAI

Bombay High Court