vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1511 OF 1990 SUIT NO.1511 OF 1990 SUIT NO.1511 OF 1990 Franco Indian Pharmaceuticals Ltd. ... Plaintiffs V/s. Poddar Pharmaceuticals Pvt. Ltd. ... Defendants Mr.Manish Saurastri i/b Shantilal & Co. for Plaintiffs Mr.M.C. Shah for Defendants CORAM: S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. DATED: JANUARY 29, 2009 JANUARY 29, 2009 JANUARY 29, 2009 P.C.: P.C.: P.C.: . The plaintiffs have filed the above suit against the defendants to restrain the defendants, their servants and agents by a perpetual order and injunction of this Court from in any manner infringing the Plaintiffs’ copyright in the original artistic work being exhibit B and/or from using and/or offering for sale and/or exposing for sale, without the licence of the plaintiffs, the impugned carton being exhibit E so as to infringe the plaintiff’s copyright in the original artistic work being Exhibit B. The plaintiffs are also seeking a perpetual order and injunction against the defendants from infringing the plaintiffs’ registered mark "RELAXYL" under registration No.186447 and/or using in relation to medicinal or pharmaceutical preparation the mark "RELAXYL" or any other mark deceptively similar : 2 : thereto so as to infringe the plaintiffs’ registered trade mark bearing No.186447. 2. The parties have tendered consent terms dated 28.1.2009 which are taken on record and marked ‘X’ for identification. By these consent terms, the parties have amicably settled the dispute in the present suit and they pray that the suit be decreed in terms of consent terms. 3. Under clause 1 of the consent terms, Defendants have undertaken not to use the trade mark ‘RELAXOL’ in respect of medicinal and pharmaceutical preparations and substances and ‘RELAXOL’ carton being exhibit E to the plaint as the same constitutes an infringement of the plaintiffs’ trade mark ‘RELAXYL’ and copyright in the said carton respectively. 4. The parties have also agreed to a decree on admission in favour of the plaintiffs and against the defendants in terms of prayer clauses (a) and (b) of the plaint. The defendants have further agreed to destroy the entire stock of the impugned packing materials, impugned goods, dyes, blocks and/or art works bearing the impugned mark ‘RELAXOL’ and/or its carton, if any. 5. In view of the above, the plaintiffs have agreed : 3 : to give up the rest of the claims in the plaint. 6. The consent terms which are taken on record and marked ‘X’ for identification are signed by the Company Secretary of the plaintiffs and the Managing Director of the defendants. They are also signed by the advocates for the plaintiffs and the defendants. 7. The suit is therefore decreed in terms of the consent terms marked ‘X’. 8. In view thereof, the suit stands disposed of. The original documents tendered by the plaintiffs, if any, be returned to the plaintiffs. 9. Refund of Court fees as per rules. 10. Certified copy expedited. (S.J. KATHAWALLA, J.)