The court affirms that voluntary settlement agreements can be accepted as valid, leading to case dismissal and procedural directives.

1. The Plaintiff and Defendants have arrived at a settlement in the above Suit. The Consent Terms bearing dated 22nd November, 2023 are tendered and taken on record and marked ‘X’ for identification. The Consent Terms have been signed by the Chief Executive Officer for the Plaintiff and Defendant No.1 Mr. Ankit Rathi who has signed in his individual capacity as well as Proprietor of Defendant No.2. The Consent Terms also signed by Advocate for the Plaintiff and Advocate for Defendant Nos. 1 and 2 respectively. Mr. Ankit Rathi alongwith his Advocate are present through Video Conferencing. Mr. Dodiya who has signed the Consent Terms on behalf of Plaintiff is also present through Video Conferencing.

2. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions.

3. Mr. Jamsandekar, learned Counsel appearing for the Plaintiff has sought leave to withdraw the above Suit against Defendant No.3 with liberty to file fresh Suit against Defendant No.3.

4. Accordingly, the Commercial IP Suit (L) No. 33220 of 2022 is disposed of as withdrawn against Defendant No.3 with liberty as prayed.

5. The Defendants have submitted to a Decree for admission in favour of the Plaintiff in terms of prayer Clauses (a) and (b) of the Plaint.

6. Accordingly, the Suit is disposed of and decreed in terms of prayer Clauses (a) and (b) of the Plaint.

7. It is mentioned in Clause 5 of the Consent Terms that the Defendants have paid an amount of Rs.1,85,000/- (rupees One Lakh Eighty Five Thousand only) to the Plaintiff towards costs in four installments. The Plaintiff acknowledges receipt of the same.

8. The Defendants have undertaken to withdraw all existing products bearing the impugned mark/label from the market and to destroy all existing wrappers/labels/packets/containers/stickers, advertisement, marketing material of impugned mark/label within a period of one week from today.

9. The undertakings in the Consent Terms being accepted as undertakings to the Court.

10. In Clause 9 of the Consent Terms, the Plaintiff and Defendants have agreed that the products bearing the impugned marks seized by the Court Receiver shall be opened by the parties in the presence of their respective representatives and the spices/powder therein shall be returned to the Defendants and the wrappers/labels/packets/ containers/stickers shall be forthwith destroyed.

11. In view thereof, 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.

12. The Court Receiver’s Report No.382 of 2022 and 11 of 2023 stand disposed of.

13. The Interim Application (L) No. 33222 of 2022 does not survive and is accordingly disposed of.

14. Drawn up decree/order is dispensed with unless the parties seek drawn up decree/order, in which case they are entitled to apply.

15. A soft copy of the Consent Terms will be uploaded as the second order in the matter.

16. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

17. 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.