Bombay High Court
SUKHDATA FOODS PVT LTDversusGOLDEE FOOD TECHNOLOGIES PVT LTD
- Decided
- Disposal
- CONSENT TERM
Holding
The suit is decreed in terms of the parties' Consent Terms, and the leave petition is allowed.
Summary
The plaintiff, Sukhdata Foods Pvt. Ltd., filed a commercial IP suit against Goldee Food Technologies Pvt. Ltd. Both parties later agreed to settle the dispute and submitted signed Consent Terms, with the plaintiff's director present in court and the defendant's director appearing via video conferencing. The court took the Consent Terms on record, treating the statements therein as undertakings. Consequently, the suit was decreed in accordance with the Consent Terms, and the court ordered a refund of court fees. All interim applications were also disposed of as per the settlement, and the leave petition filed by the plaintiff was allowed and dismissed.
Issues considered
- The court's authority to decree a suit based on parties' settlement and Consent Terms
- The effect of the Consent Terms as undertakings to the court
- The disposition of pending interim applications in light of the settlement
Subjects
- settlement
- consent decree
- commercial IP suit
- court fees refund
- interim applications
- video conferencing
- director representation
Judgment
12-IAL-15108-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SONALI
MILIND IN ITS COMMERCIAL DIVISION
PATIL
Digitally signed by COMMERCIAL IP SUIT NO.264 OF 2026
SONALI MILIND
PATIL WITH
Date: 2026.08.29
18:24:08 +0530 INTERIM APPLICATION (L) NO.15108 OF 2026
WITH
INTERIM APPLICATION (L) NO.19933 OF 2026
WITH
LEAVE PETITION (L) NO.19933 OF 2026
IN
COMMERCIAL IP SUIT NO.264 OF 2026
Sukhdata Foods Pvt. Ltd. …Applicant/
Plaintiff
Versus
Goldee Food Technologies Pvt. Ltd. …Respondent/
Defendant
Mr. Vighnesh Kamat a/w. Mr. Prabhakar Jadhav, Mr. Ajit Kadam
and Mr. Parag M. More, for the Applicant/Plaintiff.
Ms. Nidhi Bangera i/b. Ms. Pooja Jain, for the Defendant.
Mr. Hardik Bharat Haria, Director of the Plaintiff, present.
Mr. Mr. Shaik Sulaiman (through V.C.), Authorized Signatory of the
Defendant.
CORAM: MADHAV J. JAMDAR, J.
DATED : 27th AUGUST 2026
P. C.:
LEAVE PETITION (L) NO.19933 OF 2026:
1. Perused the plaint and the Leave Petition.
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2. For the reasons set out in the Leave Petition, the same is
allowed.
3. Accordingly, the Leave Petition is disposed of.
COMMERCIAL IP SUIT NO.264 OF 2026:
4. Learned Counsel appearing for the Plaintiff and learned
Counsel appearing for the Defendant state that the parties have
settled the dispute and tendered the Consent Terms.
5. The Consent Terms are signed by Mr. Hardik Bharat Haria,
who is the Director of the Plaintiff. The Consent Terms are signed
by Mr. Shaik Sulaiman, who is the Director of the Defendant and
also has been authorized by a Board Resolution, which is annexed
as Annexure-1. The Director of the Plaintiff is present in the Court
and the Director of the Defendant is present through Video
Conferencing. Both of them state that the parties have settled the
dispute in terms of the Consent Terms. The Consent Terms are also
signed by the respective Advocates and the respective Advocates
identify the signatures of their respective parties.
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6. Accordingly, the Consent Terms are taken on record and
mark ‘X’ for identification. The Consent Terms read as under:
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7. Various statements made in the Consent Terms are accepted
as undertakings given to the Court.
8. Accordingly, the Commercial IP Suit is decreed in terms of
the Consent Terms.
9. The refund of the Court fees is permitted as per the Rules.
10. The Interim Applications are also disposed of in terms of the
Consent Terms.
[MADHAV J. JAMDAR, J.]
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