Bombay High Court
Meridian Enterprises Pvt LtdversusCascade India Pharmaceuticals
- Decided
- Disposal
- CONSENT TERM
Holding
The suit is decreed in terms of the Consent Terms and the interim application is disposed of.
Summary
Meridian Enterprises Private Limited filed a commercial IP suit against Cascade India Pharmaceuticals and related partners. The parties appeared before the Bombay High Court and informed the court that they had settled the dispute, executing a Consent Terms document signed by authorized representatives and their counsel. The court accepted the Consent Terms as binding undertakings, decreed the suit in accordance with those terms, and ordered a refund of court fees. Consequently, the suit was disposed of, and the related interim application was also dismissed as there was nothing left to adjudicate.
Issues considered
- What is the appropriate court procedure for accepting a settlement agreement (Consent Terms) and disposing of the underlying suit and related interim application?
Subjects
- settlement
- consent decree
- commercial IP suit
- court fee refund
- disposal of suit
- interim application
Judgment
10-COMIP-600-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.600 OF 2025
WITH
INTERIM APPLICATION NO.6540 OF 2025
Meridian Enterprises Private Limited …Plaintiff
Versus
Cascade India Pharmaceuticals & Ors. …Defendants
Mr. Kaivalya Shetye i/b. Mr. Mahesh Mahadgut, for the Plaintiff.
Mr. Akash P. Shah, for the Defendant.
Mr. Paresh Patel, Authorized Signatory of the Plaintiff, present in
person.
Mr. Vinay Kumar Jain (through Video Conferencing), Defendant
No.2.
Mr. Vishal Bindra (through Video Conferencing), Partner of
Defendant Nos.1 and 3
Mrs. S. S. Chipkar, Master (Adm.), Court Receiver, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 10th SEPTEMBER 2026
P. C.:
1. Both the learned Counsel state that the parties have settled
the dispute and tendered the Consent Terms. The Consent Terms
are signed on behalf of the Plaintiff by Mr. Paresh Patel, Assistant
Manager-Distribution and Authorized Signatory of the Plaintiff,
who has been authorized by a Board Resolution dated 26 th March
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2026. Learned Counsel appearing for the Defendants states that
Defendant No.1-Partnership Firm has two partners i.e. Defendant
Nos.2 and 3. The Consent Terms are also signed by Defendant
No.2- Mr. Vinay Kumar Jain, who is Partner of Defendant No.1 and
Defendant No.3-Mr. Vishal Bindra, who is Partner of Defendant
No.1. The Consent Terms are also signed by the respective
Advocates. The respective Advocates identify the signatures of
their respective parties.
2. Mr. Paresh Patel, Assistant Manager-Distribution and
Authorized Signatory of the Plaintiff and Mr. Vinay Kumar Jain and
Mr. Vishal Bindra, Partners of Defendant No.1, who are present
through Video Conferencing states that the parties have settled the
dispute and they have signed the Consent Terms. Accordingly, the
Consent Terms are taken on record and marked ‘X’ for
identification. The said Consent Terms read as under:
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3. Various statements made in the Consent Terms are accepted
as undertakings given to the Court.
4. Accordingly, the Commercial IP Suit is decreed in terms of
the Consent Terms.
5. The refund of the Court fees is permitted as per the Rules.
6. In view of the disposal of the Suit, nothing survives in the
Interim Application and the same is also disposed of.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.11
14:18:55
+0530
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