Bombay High Court

AMBUJA CEMENTS LTD.versusBHARAT INFRACEMENT LIMITED AND ANR

Decided: 24 March 2026
Disposal: DISPOSED OFF
Bench: ARIF S DOCTOR

Holding

The court may allow a suit to be withdrawn with liberty to file a fresh suit where the alleged infringing goods are not found, and may order a refund of court fees.

Summary

Ambuja Cements Ltd. filed a commercial suit against Bharat Infracement Ltd. and another party alleging infringement. After an ad‑interim order on 16 March 2016, the plaintiff reported that the allegedly infringing goods were not found in the market. The plaintiff therefore sought leave to withdraw the suit, requesting liberty to file a fresh suit if the goods are later discovered, and also asked for a refund of court fees. The court considered the request and the circumstances surrounding the non‑availability of the infringing goods. It ordered the suit to be dismissed as withdrawn, granting the plaintiff liberty to institute fresh proceedings if necessary, and directed the refund of any court fees as per the rules. The petition was thus disposed.

Issues considered

What is the appropriate court order when a plaintiff wishes to withdraw a suit on the ground that the infringing goods are not found in the market?
Whether the plaintiff can be granted liberty to file a fresh suit in the future if the infringing goods are discovered.

Subjects

withdrawal of suit
infringement
civil procedure
court fees
liberty to re‑sue

Judgment

                                             1/1             27-COMIP-90-2016 (OS).DOC



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION


                         COMMERCIAL IP SUIT NO. 90 OF 2016
Ambuja Cements Ltd.                                                      ...Plaintiff
          Versus
Bharat Infracement Limited And Anr.                                      ...Defendants
                                          _______
Mr. Ashutosh Kane i/b W. S. Kane & Co., for the Plaintiff.
                                          _______


                                                   CORAM : ARIF S. DOCTOR, J.
                                                   DATE    : 24th MARCH, 2026
P.C.
1.        Mr. Kane, learned counsel appearing on behalf of the Plaintiff submits that

since the passing of the ad-interim order dated 16 th March 2016, the infringing

goods have not been found in the market and therefore he seeks leave to

withdraw the suit with liberty to file a fresh suit. In the event infringing goods

are found, the suit is dismissed as withdrawn, with the aforesaid liberty as

prayed for being granted.

2.        Refund of Court fees, if any, as per rules.




                                                                  [ARIF S. DOCTOR, J.]




Vaibhav

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Ashutosh Kane