12-comip-228-2022 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL IP SUIT NO. 228 OF 2022

WITH

INTERIM APPLICATION NO. 2766 OF 2022

WITH

LEAVE PETITION NO. 45 OF 2022

WITH

COURT RECEIVER’S REPORT NO. 97 OF 2022

IN

COMMERCIAL IP SUIT NO. 228 OF 2022

Asian Paints Ltd.

...Plaintiff / Applicant

Vs.

Kamani Paints

...Defendant

WITH

INTERIM APPLICATION NO. 4551 OF 2022 (Not on board)

IN

COMMERCIAL IP SUIT NO. 228 OF 2022

Kamani Paints

...Applicant

In the matter between

Asian Paints Ltd.

...Plaintiff

Vs.

Kamani Paints

...Defendant

----

Mr. Karan Khiani a/w. Ms. Prachi Shah i/b. G. S. Hegde and V. A.

Bhagat, for the Applicant / Plaintiff.

Mr. Shrikant Rathi, for the Defendant.

Mr. Dipak Kamani, Proprietor of Defendant present in Court.

----

CORAM : MANISH PITALE, J.

DATE : 28 NOVEMBER 2022

Mamta Kale

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MAMTA

AMAR

KALE

Digitally

signed by

MAMTA

AMAR

KALE

Date:

2022.11.29

12:22:14

+0530

12-comip-228-2022 .doc

P.C.

.

The parties have settled their dispute and Consent Terms

are handed over. The consent terms are taken on record and

marked ‘X’ for identification. The leave petition is granted by

consent.

2.

The Consent Terms are signed by the parties as well as their

Advocates. The consent terms appear to be in order. The

undertakings in the consent terms shall be treated as undertakings

to this Court.

3.

Accordingly, the suit is decreed as per the consent terms.

The soft copy of the consent terms shall be uploaded as the

second order. The hard copy of the consent terms, duly signed by

the parties and the Advocate for the plaintiff shall be retained in

the record, without being sent for destruction.

4.

In view of the disposal of the suit, the Court Receiver is

discharged without passing up of accounts and upon payment of

costs, charges and expenses if any, to be borne by the plaintiff.

The Court Receiver’s report is disposed of.

5.

In view of the disposal of the suit, as per the consent terms,

the Court fees shall be refunded as per rules. For the purposes of

Section 43 of the Maharashtra Court Fees Act and the proviso

Mamta Kale

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12-comip-228-2022 .doc

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.

6.

Pending applications, if any, shall stand disposed of in view

of the disposal of the suit.

MANISH PITALE, J.

Mamta Kale

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