1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3569 OF 2009 IN SUIT NO.2516 OF 2009 Unichem Laboratories Ltd. .. Plaintiffs Versus Intas Pharmaceuticals Ltd. .. Defendants Mr.Mahesh Mahadgut for plaintiff Mr.P.Jani i/b. G.S.Hegde for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : November 10, 2009. P.C.: 1] The plaintiffs and defendants tender consent terms. They are signed by the Company Secretary of the plaintiff, who has been duly authorised to file the suit and enter into negotiations, finalise terms of settlement/ compromise and duly sign them. In the light of this power of attorney, it is stated that the acts of the Company Secretary fully bind the plaintiff and they have no objection to the terms being taken on record, duly signed by him. The Company Secretary is present in Court today. 2 2] On behalf of the defendants, the Manager (Legal) who has been duly authorised pursuant to a Board Resolution has signed the terms. 3] The suit claim has been settled inasmuch as defendants submit to a decree in terms of prayer clauses (a) and (b) and the defendants undertake that they will not manufacture any further goods/ products under the impugned mark RANZ. However, this undertaking and order in pursuance thereof does not prevent them from disposing off the existing stock which they shall do on or before 31st January 2010. 4] There are further undertakings give which are also duly accepted. It is stated that the plaintiff does not wish to press any other prayers/ claims. 5] In the light of the terms duly signed and further the claim of the plaintiffs being settled to their satisfaction that there is no impediment in taking them on record and passing an order in furtherance thereof. The consent terms dated 10th November 2009 are taken on record and marked “X” for identification. Undertakings in Clauses 3 to 5 are accepted. Suit is decreed accordingly. Refund of court fees as per rules. Notice of 3 motion taken out does not survive in the light of disposal of the suit and the same is dismissed as such. No orders as to costs. (S.C.DHARMADHIKARI, J)