- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION jmi SUIT SUIT SUIT NO.351 OF 2000 NO.351 OF 2000 NO.351 OF 2000. United Spirits Ltd. ..Plaintiffs. vs. Deejay Distilleries Pvt.Ltd. ..Defendants. .... Mr.Dilip Rai, i/b. M/s. Bharat Shah & Co., for the Plaintiffs. Ms.Karishma Shirke, i/b. M/s. Gordhandas & Fozdar, for the Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 22ND JANUARY 2009 : 22ND JANUARY 2009 : 22ND JANUARY 2009. P.C.: P.C.: P.C.: . The suit is filed by the plaintiffs against the defendants to restrain the defendants by an order of perpetual injunction in any manner using in relation to any product the impugned mark "BON PIPER" and/or impugned label as shown in "Exhibit H" and/or "Exhibit H-1" to the plaint or any other deceptively similar mark or label so as to infringe the plaintiffs’ registered trade mark "BAGPIPER" being registered under Registration nos.3360644 and/or 430630. 2. By the said suit, a perpetual order of injunction is also sought by the plaintiffs against the defendants from using the mark "BON PIPER" and/or the impugned label "Exhibit-H" and/or "Exhibit H-1" to the plaint or any other deceptively similar mark or label so as to - 2 - pass off or enable others to pass off their products as and for the products of the plaintiffs or in some way connected with the plaintiffs. 3. The plaintiffs have tendered consent terms in the suit dated 21st January 2009. The same are taken on record and marked ‘X’ for identification. Paragraph 1 of the consent terms provides for a decree on admission in favour of the plaintiffs and against the defendants in terms of prayer clauses (a) and (b) of the plaint. In paragraph 2 of the consent terms, the defendants have confirmed that they have discontinued manufacturing and marketing "BON PIPER" Whisky after this Hon’ble Court had granted ad-interim relief against them on 27th March 2000. The defendants have further undertaken that they will not manufacture, market, sell, distribute, export and/or otherwise, offer for sale in future any product, particularly, whisky bearing the trade mark "BON PIPER" or any other deceptively similar mark which shall constitute violation of the plaintiffs registered trade mark "BAGPIPER". In view of the said undertaking, the plaintiffs have given up the rest of their claims. 4. The parties are seeking decree in terms of the said consent terms marked ‘X’. The said consent terms are signed by the authorised signatories of the - 3 - plaintiffs as well as the defendants and they are also signed by their respective Advocates. The signatories of the said consent terms are present in Court. They state that the said terms are executed on behalf of the respective Companies and no force, fraud or coercion is involved. 5. In view thereof, the suit is decreed in terms of the consent terms dated 21st January 2009, marked ‘X’. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]