Bombay High Court
Dayal Nathalal BhanushaliversusKantilal Shankarlal Bhanushali
- Decided
- Disposal
- CONSENT TERM
Holding
The suit is decreed and disposed of in terms of the parties' Consent Terms.
Summary
The plaintiff, Dayal Nathalal Bhanushali, proprietor of Lovely Waffers & Farsans, filed a commercial IP suit against Kantilal Shankarlal Bhanushali and Shankarlal Umarasi Bhanushali. Both parties appeared via video conferencing and, through their counsel, presented a signed Consent Terms indicating that they had settled the dispute. The court took the Consent Terms on record, treating the statements therein as undertakings. Accordingly, the suit was decreed in accordance with the Consent Terms, and the interim application was also disposed of on that basis. The court ordered a refund of court fees as per the Rules and discharged the court receiver, fixing a cost of Rs.5,000 to be recovered from the suit account. The judgment was delivered by Justice Madhav J. Jamdar on 3 September 2026.
Subjects
- settlement
- consent decree
- commercial IP suit
- court fees
- court receiver
- disposal
Judgment
981-COMIP-218-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.218 OF 2026
WITH
INTERIM APPLICATION (L) NO.25282 OF 2025
IN
COMMERCIAL IP SUIT NO.218 OF 2026
Dayal Nathalal Bhanushali …Applicant/
Plaintiff
Versus
Kantilal Shankarlal Bhanushali & Anr. …Respondents/
Defendants
Ms. Pooja Jain and Ms. Taniya Shaikh, for the Applicant/Plaintiff.
Mr. Harshwardhan Karande i/b. Mr. Rushabh Vakhariya, for the
Respondents/Defendants.
Mr. Dayal Nathalal Bhanushali (through Video Conferencing), the
Plaintiff, present.
Mr. Kantilal Shankarlal Bhanushali (through Video Conferencing),
Defendant No.1, present.
Mr. Shankarlal Umarasi Bhanushali (through Video Conferencing),
Defendant No.2, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 3rd SEPTEMBER 2026
P. C.:
1. Ms. Pooja Jain, learned Counsel appearing for the Plaintiff
and Mr. Karande, learned Counsel appearing for the Defendants
state that the parties have settled the dispute and tendered the
Consent Terms.
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2. The Consent Terms are signed by the Plaintiff-Dayal Nathalal
Bhanushali, the sole Proprietor of Lovely Waffers & Farsans and by
Defendant No.1-Kantilal Shankarlal Bhanushali and Defendant
No.2-Shankarlal Umarasi Bhanushali. The Plaintiff and the
Defendants who are present through Video Conferencing state that
they have settled the dispute in terms of the Consent Terms.
3. The Consent Terms are also signed by the respective
Advocates. The respective Advocates identified the signatures of
their respective parties.
4. Accordingly, the Consent Terms are taken on record and
marked ‘X’ for identification. The said Consent Terms read as under
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5. Various statements made in the Consent Terms are accepted
as undertakings given to the Court.
6. The Commercial IP Suit is decreed in terms of the Consent
Terms.
7. The refund of the Court fees is permitted as per the Rules.
8. The Interim Application is also disposed of in terms of the
Consent Terms.
9. In view of the disposal of the suit in terms of the Consent
Terms, Court Receiver Report stands disposed of. The Court
Receiver is discharged without passing of accounts, subject to
payment of costs, charges and expenses to be paid within two
weeks by the Plaintiff on demand being made by the office of the
Court Receiver. Cost of this report is fixed at Rs.5,000/- and the
Court Receiver is permitted to recover the same from the balance
available in the Suit account.
[MADHAV J. JAMDAR, J.]
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