1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2567 OF 2009 IN SUIT NO.1804 OF 2009 M/s.Neon Laboratories Ltd. .. Plaintiffs Versus M/s.Alembic Ltd. And Anr. .. Defendants Mr.Sunil Nair for plaintiff Mr.Sanjay Udeshi i/b. Sanjay Udeshi & Co. for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2009. P.C.: 1] In a suit which is filed by the plaintiffs to protect their mark "Mezolam" and to prevent use of deceptively similar mark "Almizolam", parties have tendered consent terms under which the defendants submit to a decree in terms of prayer clauses (a) and (b) of the plaint. Having disclosed the details of the pharmaceutical product/ drug manufactured, in clause 2(a) of the terms, it is stated that the first defendant would withdraw unconditionally all applications seeking registration of the impugned mark "Almizolam". However, although there would be a decree of permanent injunction as prayed that does not prevent first defendant from disposing of present stock of the product bearing 2 impugned mark. 2] The terms are stated to be finalised after discussion. The Board of Directors of the Companies who are before the Court have approved the terms and have duly authorised the Signatories to place their signatures thereon. The terms are signed by the Advocates for both parties as well. 3] In such circumstances and when parties have fully understood the implications and consequences flowing from the terms, there is no impediment in taking them on record and passing orders in furtherance thereof. Accordingly, the terms are taken on record and marked "X" for identification. There will be an order in terms of consent terms. Undertakings in clauses 2(a), 3 and 5(a) of the terms are accepted. Undertaking in clause 5 is to the extent of Anesthesia products. Suit is disposed of accordingly. Refund as per rules. Motion does not survive and dismissed accordingly. Ad-interim/ interim orders if any to stand vacated forthwith. (S.C.DHARMADHIKARI, J)