IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2446 OF 2008 Burger King Corpn. United States of America ...Plaintiff V/s Shirz Nagani, Mumbai ..... ..... ...Defendant. Mr.H.W.Kane, Adv. for the Plaintiff. Mr.K.R.Giri, Constituted Attorney for defendant present-in-person. CORAM: A.P.DESHPANDE, J. 6th April, 2009. PC: The power of attorney holder for the defendant is present in the Court. The defendant is not represented by any advocate. Counsel for the plaintiff identifies the power of attorney holder and states that the identification is based on the passport copy of which is placed on record. The defendant has admitted and acknowledged the validity of the plaintiff' s registered trade mark in India and has given an undertaking in paras 2, 4, 5 and 6. Undertaking is accepted. A joint prayer is made by learned counsel for plaintiff and the power of attorney holder for disposal of the suit in consent terms. Consent terms duly signed by the plaintiff and the advocate on one hand and power of attorney holder on the other hand is placed on record. Parties admit the consent terms to be true and correct. Consent terms are taken on record and marked `X' for identification. In view of the 1 joint prayer made suit stands disposed of in consent terms with no order as to costs. Plaintiff shall be entitled to refund of the court-fee as permissible under the Rules. C.C. Expedited. 6.4.2009 2