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Bombay High Court

Bisleri International Private LimitedversusJagmal Singh

Decided
Disposal
DISPOSED OFF

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

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                                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


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                                                          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


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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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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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