1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3363 OF 2009 IN SUIT NO.2328 OF 2009 Bedi A.M. Pvt.Ltd. .. Plaintiff Versus Indus Kitchen .. Defendant Mr.Ramesh Gajaria i/b. Gajaria and Company for plaintiff Mr.S.Vazirani Director of defendant present. CORAM : S.C. DHARMADHIKARI, J. DATE : 12th October, 2009. P.C. : 1] After institution of the instant suit and an application was made for ad-interim reliefs, so also when ad-interim orders were granted for a limited period and the matter was placed today, it is stated that both plaintiff and defendant have settled the matter. 2] By consent of parties, plaint is allowed to be amended to the extent indicated in clause 1 of the consent terms. Let such amendment be carried out within a period of two weeks from the date of receipt of copy of this order. 3] Mr.Sanjay Vazirani, Director of defendant is present in Court and states that the defendants are ready and willing to submit to a decree on 2 admission in terms of prayer clauses (a) and (b) of the plaint. Further, he submits that upon receipt of the suit summons and the notice of motion and related papers, the defendants on their own agreed to put an end to the dispute. They do not desire to use the mark/ name Indus and further pay to the plaintiff a sum of Rs.1 lakh. 4] Defendant has also confirmed undertakings in clauses 4 and 5 of the consent terms. 5] Since the plaintiff and defendant have negotiated and put an end to the dispute amicably so also parties confirming their agreement, in their presence, the consent terms are taken on record and marked "X" for identification. There will be an order in terms of the consent terms. The suit is disposed of accordingly. No costs. Refund of court fees as per rules. Undertakings in clauses 4 and 5 are accepted. In the light of disposal of the suit, Notice of motion does not survive and dismissed as such. (S.C. DHARMADHIKARI, J.)