1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.464 OF 2008 WITH NOTICE OF MOTION NO.612 OF 2008 Alcon Inc & Anr. ...Plaintiffs. Vs. Toshika International Limited. ...Defendant. .... Mr. Nishad Nadkarni i/b. DSK Legal for the Plaintiffs. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: A praecipe dated 19th March 2008 has been filed by DSK Legal, Advocates appearing on behalf of the Plaintiffs to the effect that a settlement has been arrived at between the Plaintiffs and the Defendant and that the suit be placed on Board for filing the terms of a decree on admission. Learned Counsel appearing for the Plaintiffs has also placed on the record a letter dated 4th March 2008 addressed by a Director of the Defendant to the Plaintiffs' Advocate 2 forwarding the Consent Terms, duly executed on behalf of the Defendant. The praecipe and the letter are taken on record. Agreed terms which have been signed by the authorised representative of the First and Second Plaintiffs and by the Director of the Defendant have been tendered, taken on record and marked “X”. Together with the Consent Terms, Learned Counsel appearing for the Plaintiffs has placed on the record an affidavit executed by the Director of the Defendant, duly notarised, affirming that the Consent Terms, a copy of which has been annexed to the affidavit, were duly executed on behalf of the Defendant and were handed over to the Advocate for the Plaintiffs for the purposes of filing in this Court. On behalf of the Plaintiffs, it has been submitted that in the suit which is based on an action for infringement and passing off, the Defendant was served. An affidavit of service dated 18th March 2008 has been placed on the record. In view of the documentary material which has been placed before the Court, there is no reason why the solemn statement made before the Court by Learned Counsel appearing for the Plaintiffs that the Defendant has executed the Consent Terms through a duly 3 authorised representative and that the dispute has accordingly been settled should not be accepted. Learned Counsel has stated before the Court that the Consent Terms were, in fact, executed by the Defendant in his presence. In these circumstances, there shall be a decree as prayed in the agreed Minutes signed by the parties. There shall be a refund of Court fee as per rules. In view of the disposal of the suit, the Notice of Motion does not survive and is accordingly disposed of. .....