1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3349 OF 2009 IN SUIT NO. 2410 OF 2009 Skol Breweries Ltd. ... Plaintiff. V/s. Mount Everest Breweries Ltd. ... Defendant. Mr. Himanshu Kane for the Plaintiff. Mr. Vinod Bhagat for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 08th OCTOBER 2009. P.C. :- The Plaintiff and the Defendant tender the Consent Terms wherein the Defendant agrees and undertakes that from the date the terms are presented to this Court and the order in terms thereof, they will cease to manufacture the product more particularly mentioned in Clause 1 of the terms and therefore, the Company submits to a decree in terms of Clauses (a) and (b) of the plaint. 2. However, the Defendant shall be permitted to exhaust the stock which is stated to be existing and lying at its premises. Save and except the same, there are no stocks lying either with the Defendant or with anybody claiming though them. Having undertaken not to manufacture the subject product willingly and the terms having been signed by 2 both the Plaintiffs and Defendants through their authorized signatories, who are present in Court, the terms are taken on record and marked ‘X’ for identification. 3. There will be an order in terms of the Consent Terms. The Suit is decreed accordingly. Refund of Court fees as per Rules. Undertaking of the Defendant in Clause 1 is accepted. No order as to costs. (S.C. DHARMADHIKARI,J.)