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Commercial IP Suit

Adv Prem Pandey Successfully Represented Client in Bombay High Court Commercial IP Suit

6th FEB, 2025

Case Overview

COURT IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION INTERIM APPLICATION (LODGING) NO. 38509 OF 2024

LEAVE PETITION LEAVE PETITION (LODGING) NO. 38515 OF 2024

SUIT COMMERCIAL IP SUIT (LODGING) NO. 38417 OF 2024

DATE 06th February, 2025

Parties to the Case

Applicant / Plaintiff

Marico Limited

… Applicant / Plaintiff

Respondent / Defendant

AB Udyog Private Limited

… Respondent / Defendant

Appearance

Mr. Nishad Kulkarni a/w. Mr. Aasif Navodia, Ms. Khushboo Jhunjhunwala, Ms. Jaanvi Chopra and Ms. Rakshita Singh, i/b. Khaitan & Co. for plaintiff.
Mr. Shamin Marwah, representative of plaintiff (through video-conferencing).
Mr. Prem Kumar Pandey a/w. Mr. Chandrakant Kushwaha and Mr. Abhijeet Agarwal for defendant.
Mr. Prateek Bansal, CEO and authorized signatory of the defendant in-person.
Ms. Charushila Vaidya, 2nd Assistant to the Court Receiver.

Coram & Date

CORAM : MANISH PITALE, J.

DATE : 06th February, 2025

                04
                P.C.
            
                        The learned counsel for the parties inform this Court that the disputes
                        between the parties are now settled and that the consent terms have been executed.
                    
                        The consent terms are signed by the constituted attorney of the plaintiff
                        and the authorized signatory of the defendant. Copies of the relevant documents
                        authorizing the signatories are placed on record. The consent terms are also
                        signed by the respective advocates for the parties. The same are taken on record
                        and marked ‘X’.
                    
                        The ex-parte ad-interim order dated 19.12.2024 was executed and the Court
                        Receiver’s Report No. 72 of 2025 is tendered. The same is also taken on record.
                    
                        As per the consent terms, the defendant has agreed to suffer decree as per
                        prayer clauses (a), (b), (c), (e) and (f). The defendant has also agreed to pay
                        a sum of ₹2,50,000/- to the plaintiff towards legal costs, as per paragraph No. 11
                        of the consent terms. The demand draft has been handed over to the learned counsel
                        for the plaintiff in the Court today.
                    
                        The suit is disposed of as per the consent terms. Decree be drawn up accordingly.
                        Leave petition is allowed by consent.
                    
                        The undertakings recorded in the consent terms are accepted as undertakings
                        to this Court. Parties are directed to abide by their respective obligations,
                        as per the consent terms.
                    
                        A soft copy of the consent terms shall be uploaded as second order in the matter.
                        A hard copy of duly signed consent terms shall be retained in the record and shall
                        not be sent for destruction in the usual course.
                    
                        In view of the disposal of the suit, the Court Receiver stands discharged
                        without passing up of accounts and upon payment of costs, charges and expenses,
                        if any, to be borne by the plaintiff. The report of the Court Receiver is accordingly
                        disposed of.
                    
                        The Court fees shall be refunded as per rules. For the purpose of Section 43
                        of the Maharashtra Court Fees Act and the proviso thereto, today’s date shall be
                        the date of making a claim for repayment. The Prothonotary and Senior Master shall
                        proceed to issue a certificate for refund of Court fees, on the basis of an
                        authenticated copy of this order, without insisting upon a separate application.
                    
                        Pending applications, if any, also stand disposed of, in view of the disposal
                        of the suit.
                    
                        Liberty is granted to Mr. Pandey to file vakalatnama on behalf of the defendant.

FINAL DECISION

Suit Disposed of as per Consent Terms

The suit is disposed of as per the consent terms. Decree be drawn up accordingly. Leave petition is allowed by consent.

Order Details

The learned counsel for the parties inform this Court that the disputes between the parties are now settled and that the consent terms have been executed.

The consent terms are signed by the constituted attorney of the plaintiff and the authorized signatory of the defendant. Copies of the relevant documents authorizing the signatories are placed on record. The consent terms are also signed by the respective advocates for the parties. The same are taken on record and marked ‘X’.

The ex-parte ad-interim order dated 19.12.2024 was executed and the Court Receiver’s Report No. 72 of 2025 is tendered. The same is also taken on record.

As per the consent terms, the defendant has agreed to suffer decree as per prayer clauses (a), (b), (c), (e) and (f). The defendant has also agreed to pay a sum of ₹2,50,000/- to the plaintiff towards legal costs, as per paragraph No. 11 of the consent terms. The demand draft has been handed over to the learned counsel for the plaintiff in the Court today.

The suit is disposed of as per the consent terms. Decree be drawn up accordingly. Leave petition is allowed by consent.

The undertakings recorded in the consent terms are accepted as undertakings to this Court. Parties are directed to abide by their respective obligations, as per the consent terms.

A soft copy of the consent terms shall be uploaded as second order in the matter. A hard copy of duly signed consent terms shall be retained in the record and shall not be sent for destruction in the usual course.

In view of the disposal of the suit, the Court Receiver stands discharged without passing up of accounts and upon payment of costs, charges and expenses, if any, to be borne by the plaintiff. The report of the Court Receiver is accordingly disposed of.

The Court fees shall be refunded as per rules. For the purpose of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, today’s date shall be the date of making a claim for repayment. The Prothonotary and Senior Master shall proceed to issue a certificate for refund of Court fees, on the basis of an authenticated copy of this order, without insisting upon a separate application.

Pending applications, if any, also stand disposed of, in view of the disposal of the suit.

Liberty is granted to Mr. Pandey to file vakalatnama on behalf of the defendant.

LEGAL REPRESENTATION

Advocate Prem Kumar R. Pandey

Advocate Prem Kumar R. Pandey with an area of practice in Arbitration, Banking, Securities and Financial Services, Contracts, Criminal law, Corporate & Commercial, Real Estate & Property Law providing the best services for your case.

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