NMS1697-10 1 YBG IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1697 OF 2010 IN SUIT NO.1661 OF 2010 Procter & Gamble Home Products Ltd. .. Plaintiff Versus Saara Industries and Ors. .. Defendants Mr.Gajaria i/b. Gajaria & Co. for plaintiff Mr.Prakash Mahadik i/b. S.S.Hariakar for defendant No.13 CORAM: S.C. DHARMADHIKARI, J. DATE : 23rd AUGUST, 2010. P.C. 1] The plaintiffs have filed the suit to restrain the defendants from infringing their mark ARIEL and for passing off. The relevant prayers are (a) and (b) of the plaint. 2] The matter was placed on 8th July 2010 on which date the learned Advocate appearing for defendants sought instructions and made a statement that defendants have stopped using the impugned mark ABIEL and that in future they shall not use the impugned mark. This statement was accepted and the matter was placed for further hearing. 3] Today, when motion reached hearing, both sides informed me that the NMS1697-10 1 suit claim has been amicably settled. 4] Defendants have agreed to submit to a permanent injunction in terms of prayers (a) and (b) and have further stated that they have already withdrawn their application for registration filed with the Trademark Registrar, Ahemadabad. Further, they have undertaken in clause 4 of the consent terms that they will not in any manner use, apply and/or obtain Registration of the impugned mark ABIEL or any other mark identical and/or deceptively similar to that of the plaintiff’s mark. Undertakings with regard to disclosure and stocks in possession have also been made. 5] It is stated that both the plaintiffs and defendants have perused the terms and it is stated that the same fully records the arrangement and agreement between the parties. The terms have been understood with all their implications and consequences by both sides. Further, both sides have authorised the signatories to these consent terms to append their signatures and all authorisations in that behalf have been duly filed. 6] After perusing the terms in the light of the suit claim, I am satisfied that the agreement arrived at does not contravene any law nor there is any impediment in accepting the terms. Therefore, they are taken on record and marked “X” for identification. There will be an order in terms of consent NMS1697-10 1 terms. The suit is disposed of in terms of the consent terms. Refund of court fees as per rules. Undertakings in clauses 4 and 6 are accepted. 7] Affidavit cum undertaking dated 10th Agust 2010 of Mr.Satyapal Lalchand, Proprietor of first defendant and Mr.Sandip Agarwal, undertaking in terms of the agreement arrived at between the parties to cease and desist from selling and/or offering for sale or distribution the impugned mark is also taken on record. (S.C. DHARMADHIKARI, J.)