*1* s.2279.10 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2279 OF 2010 WITH NOTICE OF MOTION NO.2357 OF 2010 Dr.Ashok M. Bhat. ..Plaintiff -Versus- Ramesh Kumar Raheja. ..Defendant .......... Dr.Birendra Saraf a/w Vinod Bhagat, Punit Jani, Dhiren Karama and Suryank Roa i/b G.S.Hegde and V.A.Bhagat, for the Plaintiff. Mr.Rajesh Sharm, for the Defendant. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 30th September, 2010. P.C. 1 The claim of the Plaintiff has been settled by the Defendant inasmuch as he accepts that the trademark and label "NOVA" exclusively belongs to the Plaintiff. It is well known trademark and used in relation to the products which are more particularly described in the plaint. The Defendant agrees and undertakes not to use the label and word mark "NOBA" or any other trademark or artistic work which is deceptively similar or identical with that of the Plaintiff. It is in such terms, the Defendant submits to a decree in favour of the Plaintiff. 2 It is stated that the parties have discussed and negotiated the matter. The parties are in business and therefore, aware of all implications of submission to a decree of the present nature. The Defendant is aware of the consequences of the undertaking and the decree passed in furtherance of the consent terms. 3 The representative of Plaintiff is present in the Court. *2* s.2279.10 Defendant- Ramesh Kumar Raheja is also personally present in the Court. Both state that the consent terms fully record their undertakings and agreements. The Defendant states that he has on his own and willingly decided to put to an end to the dispute by submitting to a decree as per this consent terms. 4 Having satisfied myself that the consent terms would put to an end to the disputes between the parties and the agreement arrived between the parties is not contrary to the public policy, the consent terms is taken on record and marked as "X" for identification. There will be an order in terms of the consent terms and the suit is, accordingly, disposed. There will be refund of the Court fees as per rules. 5 With a view to give time to the Defendant to exhaust the existing material/goods, this decree shall not become operative till 01.12.2010. The undertakings in clauses-3, 5, 6 and 7 of the consent terms given to the Court are accepted. 6 In the light of disposal of the suit, nothing survives in the Notice of Motion and it also stands disposed of accordingly. (S.C. Dharmadhikari, J)