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
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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).
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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
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hereunder for ready reference :
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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.]
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