1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3001 OF 2009 IN SUIT NO.2130 OF 2009 Unichem Laboratories Ltd. .. Plaintiff Versus Micro Labs Ltd. And Anr. .. Defendants Mr.Mahesh Mahadgut for plaintiff Mr.C.M.Lokesh for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2009. P.C.: 1] In the suit which is filed to protect plaintiffs' marks "Losar" and "Losar-A", which are medicinal and/or pharmaceutical drugs, both sides tender consent terms whereunder the defendants submit to a decree of permanent injunction as far as the relief of infringement and passing off. The plaintiffs have given up other claim including that of damages in lieu thereof. Defendants have agreed and undertaken to file forms for cancellation of the Trademark "Losaren" (Impugned mark) so also to 2 intimate all Authorities that they will cease to utilise the impugned mark. 2] The consent terms are approved by the Board of Directors of both the companies and have been signed by the authorised signatories. The signatures have been appended in terms of the Board Resolution. The settlement/ consent terms are tendered pursuant to negotiations and discussions. 3] In these circumstances, the consent terms are taken on record and marked "X" for identification. There will be a decree on admission in terms of consent terms. Undertakings in clauses 2 and 3 are accepted. The suit is disposed of accordingly. Refund as per rules. Notice of motion does not survive. Ad-interim orders, if any, to stand vacated forthwith. (S.C.DHARMADHIKARI, J)