: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3053 OF 2009 IN SUIT NO.2175 OF 2009 Sun Pharmaceutical Industries Ltd. .. Plaintiff V/s. Brainwave Healthcare Pvt. Ltd. & Anr. .. Defendants ..... Mr. Himanshu Kane for the plaintiff Mr. Mithilesh Kumar for the defendants ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 28th AUGUST, 2009. P.C. : 1. Learned advocate for the defendants appears on notice and tendered Vakalatnama duly signed by the authorized signatory of the defendants. 2. The said Vakalatnama is taken on record. By consent petition under clause 14 (XIV) of the letters patent is also called out and made absolute in terms of prayer clause (a). 3. By consent of parties, the suit itself is placed under the caption of filing consent terms . : 2 : 4. It is stated that both sides have agreed to the suit being disposed off in furtherance of the consent terms. 5. The defendants have agreed to submit to a decree in terms of the prayers of the plaint and they have also stated that they would not use the Mark deceptively similar to that of plaintiff s with regard to their pharmaceutical preparations. Thus, they are submitting to a decree voluntarily. 6. The terms recording the compromise are duly signed by the authorized signatory of plaintiffs and defendants. The authorized signatories are also present in Court. In their presence, the terms are taken on record and marked as "X" for identification. Order in terms of consent terms. Suit decreed accordingly. No Costs. Refund of Court fees as per rules. Notice of motion does not survive in the light of the order in terms of consent terms. (S.C. DHARMADHIKARI, J.)