Created by Fuzzy Cloud

Bombay High Court

Hindustan Unilever LimitedversusShree Tadkeshwar Industries Private Limited

Decided
Disposal
CONSENT TERM

Holding

The suit is decreed in terms of the parties’ Consent Terms, thereby enforcing the settlement and discharging the court receiver.

Summary

Hindustan Unilever Limited (plaintiff) filed a commercial intellectual property suit against Shree Tadkeshwar Industries Private Limited and Shree Tadkeshwar Agro Food Product (defendants). The parties subsequently reached a settlement and executed Consent Terms, which were signed by authorized signatories of both sides and the plaintiff’s counsel. The plaintiff’s counsel presented the signed Consent Terms before the court, and the judge accepted the statements therein as undertakings to the court. The court decreed the suit in accordance with the Consent Terms, ordered a refund of court fees, and discharged the court receiver without requiring an account, subject to payment of costs. Consequently, the related interim application and the leave petition were also disposed of, with the leave petition being allowed as prayed.

Issues considered

  • What is the court’s authority to decree a suit based on parties’ settlement and Consent Terms?
  • Whether the court receiver can be discharged without accounting after the suit is settled?
  • Effect of the settlement on pending interim applications and leave petitions.

Subjects

  • settlement
  • consent decree
  • commercial intellectual property
  • court receiver
  • civil procedure
  • disposal of suit
  • interim application

Judgment

                                    30 COMIS-222-2026=IA-3663-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION
                  IN ITS COMMERCIAL DIVISION
               COMMERCIAL IP SUIT NO. 222 OF 2026
                             WITH
             INTERIM APPLICATION NO. 3663 OF 2026
                             WITH
              LEAVE PETITION (L) NO. 31907 OF 2025
                             WITH
            COURT RECEIVER’S REPORT NO. 498 OF 2026
                               IN
               COMMERCIAL IP SUIT NO. 222 OF 2026

Hindustan Unilever Limited                           …Plaintiff

          Vs.
1. Shree Tadkeshwar Industries Private Limited       …Defendants
2. Shree Tadkeshwar Agro Food Product


Mr. Chandrika Devda a/w. Niyati Davawala, Anil Shete and Stuti
Thakar i/b Davawala & Co., for the Plaintiff/Applicant.
Mr. Habibur Rehman Khan, Authorized Signatory of the Plaintiff is
present.
Mr. Amit Gupta, Authorized Signatory of Defendant No.1 and
Proprietor of Defendant No.2.
Ms. S.S. Chipkar, Master (Adm.), Court Receiver present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATE :      24th SEPTEMBER, 2026
P. C.:

               LEAVE PETITION (L) NO. 31907 OF 2025
1.       Perused the Plaint and the Leave Petition.

2.       For the reasons set out in the Leave Petition, the same is

allowed in terms of prayer clause (a).




                                   Page 1 of 12
                              24th September, 2026
                                   30 COMIS-222-2026=IA-3663-2026.DOC
skt



3.    The Leave Petition is disposed of accordingly.

            COMMERCIAL IP SUIT NO. 222 OF 2026
4.    Ms. Devda, learned counsel appearing for the Plaintiff states

that the Plaintiff and the Defendant Nos. 1 and 2 have settled the

dispute and tender the Consent Terms executed between the

parties. The Consent Terms are signed by Mr. Habibur Rehman

Khan, Authorized Signatory of the Plaintiff, who has been

authorized by the Plaintiff’s letter dated 2 nd July 2026.       The

Consent Terms are also signed by Mr. Amit Gupta, Authorized

Signatory of the Defendant No.1, who has been authorized to sign

the Consent Terms by Board Resolution dated 19th August 2026.

Said Mr. Amit Gupta is also Proprietor of Defendant No.2. Mr.

Habibur Rehman Khan, Authorized Signatory of the Plaintiff is

personally present and Mr. Mr. Amit Gupta, Authorized Signatory

of the Defendant Nos. 1 and 2 is present through VC and state that

the Plaintiff and Defendant Nos. 1 and 2 have settled the dispute

and signed the Consent Terms. The Consent Terms are also signed

by the learned Counsel appearing for the Plaintiff. Accordingly, the

Consent Terms are taken on record and marked “X” for

identification.


5.    A scanned copy of the Consent Terms is reproduced


                                  Page 2 of 12
                             24th September, 2026
                                  30 COMIS-222-2026=IA-3663-2026.DOC
skt



hereunder for ready reference :




                                 Page 3 of 12
                            24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




           Page 4 of 12
      24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




           Page 5 of 12
      24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




           Page 6 of 12
      24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




           Page 7 of 12
      24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




           Page 8 of 12
      24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




           Page 9 of 12
      24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




          Page 10 of 12
      24th September, 2026
            30 COMIS-222-2026=IA-3663-2026.DOC
skt




          Page 11 of 12
      24th September, 2026
                                   30 COMIS-222-2026=IA-3663-2026.DOC
skt



6.    Various statements made in the Consent Terms are accepted

as undertakings given to the Court.

7.    Accordingly, Commercial Intellectual Property Rights Suit

No.222 of 2026 is decreed in terms of the Consent Terms.

8.    Refund of Court fees as per rules.

9.    As the Commercial Intellectual Property Rights Suit is

disposed of, the Court Receiver stands discharged without passing

accounts, subject to payment of costs, charges and expenses to be

paid by the Plaintiff within two weeks from the demand being

made by the office of the Court Receiver.


10.   As the Court Receiver stands discharged, Court Receiver

Report No.498 of 2026 stands disposed of, subject to payment of

cost of Rs.5000/-.


11.   In view of disposal of Commercial Intellectual Property

Rights Suit No.222 of 2026, nothing survives in Interim

Application No.3663 of 2026 and the same is also disposed of.




                                            [MADHAV J. JAMDAR, J.]




                                 Page 12 of 12
                             24th September, 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.