Bombay High Court
Bisleri International Private LimitedversusJagmal Singh
- Decided
- Disposal
- DISPOSED OFF
- Bench
- MADHAV JAMDAR
Holding
The suit is decreed in terms of the Consent Terms and disposed of, with the interim application and court receiver report also dismissed.
Summary
Bisleri International Private Limited filed a Commercial Intellectual Property Rights suit alleging infringement of its registered trademark, copyrights and bottle design by the defendants who used the mark “BRILSEI”. The parties later reached a settlement and executed Consent Terms, which were signed by the authorized representative of the plaintiff, the defendants, and their respective counsel. The court examined the authenticity of the signatures and the authority of the signatories, including the delegation of signing power to Defendant No.2. Satisfied that the settlement was valid, the court recorded the Consent Terms, treated them as undertakings, and decreed the suit in accordance with those terms. Consequently, the suit, the interim application, and the court receiver’s report were all disposed of, with the receiver discharged and court fees refunded.
Issues considered
- Whether the Commercial Intellectual Property Rights suit can be dismissed on the basis of a settlement reflected in the Consent Terms
- Whether the Consent Terms are valid and properly executed by authorized signatories
- Whether the court may discharge the court receiver and dispose of related interim applications
Subjects
- trademark infringement
- settlement
- consent decree
- court receiver
- commercial intellectual property rights
- civil procedure
Judgment
50-IA-2035-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUIT
NO.153 OF 2026
Digitally
signed by
ARJUN
ARJUN
VITTHAL
Bisleri International Private Limited ...Plainti
VITTHAL KUDHEKAR
KUDHEKAR Date: Versus
2026.06.25
21:08:10
+0530
Jagmal Singh & Anr. ...Defendants
WITH
INTERIM APPLICATION NO.2035 OF 2026
IN
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUIT
NO.153 OF 2026
Bisleri International Private Limited ...Applicant
In The Matter Between
Bisleri International Private Limited ...Plainti
Versus
Jagmal Singh & Anr. ...Defendants
WITH
LEAVE PETITION NO.188 OF 2026
IN
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUIT
NO.153 OF 2026
Bisleri International Private Limited ...Petitioner
Versus
Jagmal Singh & Anr. ...Respondents
WITH
COURT RECEIVER REPORT NO.247 OF 2026
IN
INTERIM APPLICATION NO.2035 OF 2026
IN
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUIT
NO.153 OF 2026
Bisleri International Private Limited ...Plainti
Versus
Jagmal Singh & Anr. ...Defendants
Arjun 1
50-IA-2035-2026.doc
——————
Mr. Vinod Bhagat a/w Rashi Thakur i/b Vinod A. Bhagat, for the Plainti .
Ms. Pallavi Singh i/b Gray Legal House, for the Defendants.
Ms. S. S. Chipkar, Master (Adm.), Court Receiver, High Court, Bombay,
present.
Mr. Shashank Parmar, Representative of the Plainti , present through
Video Conferencing.
Mr. Vipin Singh, Defendant No.2, present in Court.
——————
Coram: Madhav J. Jamdar, J.
Date: June 25, 2026
P.C.:
1. Perused the averments in the Plaint and Leave Petition.
2. For the reasons set out in Leave Petition No.188 of 2026, the
same is allowed.
3. The Commercial Intellectual Property Rights Suits No.153 of 2026
is, inter alia, relating to infringement of the Plainti ’s registered
trademark, registered and subsisting copyrights and bottle design of
“BISLERI” and for passing o the goods in respect of packaged drinking
water and/or any other like goods by the Defendants, by use of the
impugned mark “BRILSEI”
4. Mr. Bhagat, learned Counsel for the Plainti and Ms. Singh,
learned Counsel for the Defendants, state that, the parties have settled
the dispute and tender the ‘Consent Terms’.
5. The Consent Terms are signed on behalf of the Plainti by its
Arjun 2
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Authorised Representative-Mr. Shashank Parmar. The Board Resolution,
authorising Mr. Shashank Parmar, is annexed to the Consent Terms at
Annexure-A. Mr. Shashank Parmar, Authorised Representative of the
Plainti , is appearing through Video Conferencing and states that the
Plainti has settled the dispute with the Defendants and entered into
the Consent Terms and that the Consent Terms have been signed by
him. The Consent Terms are also signed by the learned Advocate for the
Plainti , who identi;es the signature of Mr. Shashank Parmar.
6. The Consent Terms are also signed by Defendants, and also their
Advocate. The learned Advocate of the Defendants identi;es the
signatures of the Defendants.
7. Ms. Pallavi Singh, learned Counsel for the Defendants, states that
Defendant No.1-Jagmal Singh has authorised Defendant No.2-Vipin
Singh i.e. son of Defendant No.1, to act as authorised signatory and to
sign all the necessary documents.
8. Mr. Vipin Singh i.e. Defendant No.2, is personally present in Court,
and states that the dispute between the parties is settled in terms of
the Consent Terms.
9. Accordingly, the Consent Terms are taken on record and marked
“X” for identi;cation. A scanned copy of the Consent Terms is
reproduced herein below:
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Arjun 11
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10. Various statements made in the Consent Terms are accepted as
undertakings given to the Court.
11. Accordingly, Commercial Intellectual Property Rights Suit No.153
of 2026 is decreed in terms of the Consent Terms.
12. Refund of Court fees as per rules.
13. 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 Plainti
within two weeks from the demand being made by the oBce of the
Court Receiver.
14. As the Court Receiver stands discharged, Court Receiver Report
No.247 of 2026 stands disposed of, subject to payment of cost of
Rs.5000/-.
15. In view of disposal of Commercial Intellectual Property Rights Suit
No.153 of 2026, nothing survives in Interim Application No.2035 of 2026
and the same is also disposed of.
[Madhav J. Jamdar, J.]
Arjun 12
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