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HIGH COURT OF BOMBAY
R.I. CHAGLA, J
Sun Pharmaceutical Industries Limited – Appellant
Versus
Actinova Private Limited – Respondent
COMMERCIAL IP SUIT NO.125 OF 2022 | LEAVE PETITION (L) NO.30341 OF 2021 | INTERIM APPLICATION NO.1821 OF 2022
For the Appellants/Petitioners: Mr. Hiren Kamod, Mr. Vaibhav Keni, Ms. Neha Iyer, Mr. Rohan Lopes, Mr. Anees Patel, Mr. Prem Khullar
For the Respondents: Mr. B.N. Poojari, Ms. Nidhi Bangera
Settlement of disputes through consent order mandates specific obligations for destruction and compliance as determined by the court.
Headnote:The court addressed the settlement of disputes in Commercial IP Suit No.125 of 2022 and ruled based on the Consent Minutes of Order. Undertakings were confirmed, and a decree was granted, specifying obligations for destruction of goods by the Defendants. The Leave Petition was made absolute, with costs to a charitable cause detailed. The conclusion recognized all obligations and court fees pertinent to the proceedings.
| Table of Content |
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| 1. settlement accepted and registered. (Para 1 , 2) |
| 2. court enforced undertakings and undertook decree. (Para 3 , 4) |
| 3. compliance and costs to charitable organization. (Para 5 , 6) |
| 4. court receiver discharged and refund procedures outlined. (Para 7 , 8 , 9 , 10 , 13) |
1. The parties to the Commercial IP Suit No.125 of 2023 have settled their dispute with Consent Minutes of Order bearing today’s date, which is tendered and taken on record and marked ‘X’ for identification. The Consent Minutes of Order has been signed by the Advocate for the Plaintiffs and Defendants. This order is passed in terms of Consent Minutes of Order marked ‘X’.
2. Leave Petition (L) No.30341 of 2021 under Clause XIV of the Letters Patent taken out by the Plaintiff is made absolute in terms of prayer Clause (a).
3. The undertakings, if any, in the Consent Minutes of Order being accepted as undertakings to the Court.
4. The Suit is disposed of and decreed in terms of prayer Clause (a), (b), (c) and (e) of the Plaint.
5. The learned Counsel appearing for the Defendants has clarified that though the decree is passed in terms of prayer Clause (e), the Defendants have agreed and undertaken to this Court that they shall destroy all impunged goods and / or impugned packing / trade dress and other material of which inventory has been taken, details whereof have been recorded in the Court Receiver’s Report and seized by the Court Receiver and which has been in the possession of the Defendants, at their costs, within a period of 14 days from the date of this order. The parties have agreed for the Defendants to remove the seal placed by the Court Receiver and upon destruction submit the destruction compliance report to the Plaintiff and / or its attorneys within seven days from the date of destruction.
6. The learned Counsel for the Defendants has handed over the Demand Draft for sum of Rs.50,000/- made out to the Charitable organization as and by way of costs and in accordance with Clause 6 of the Consent Minutes of Order to the learned Counsel for the Plaintiff in Court.
7. The Court Receiver appointed by this Court is discharged without drawing up accounts and on payment of costs, charges and expenses to be borne by the Plaintiff.
8. The Court Receiver’s Report No.52 of 2022 is disposed of.
9. Interim Application No.1821 of 2022 does not survive and is accordingly disposed of.
10. Drawn up decree/order is dispensed with unless the parties seek drawn up decree/order, in which case they are entitled to apply. 11. A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter.
12. The Registry is to ensure that the hard copy of the signed Consent Minutes of Order is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.
13. Court fees are to be refunded 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.
