Bombay High Court

Bisleri International Private LimitedversusSandeep Jain

Decided: 4 March 2026
Disposal: DISPOSED OFF
Bench: SHARMILA U DESHMUKH

Holding

The court extended the ad‑interim relief to the additional infringing mark and allowed the leave petition to combine the causes of action.

Summary

Bisleri International Private Ltd filed an interim application seeking to amend its pleadings to include additional infringing marks identified by the Court Receiver, specifically "AMRAT BISLIRI." The Court examined the report of the Receiver, finding the new mark visually and phonetically similar to Bisleri's registered trademark and copying its artwork. The Judge allowed the amendment and extended the ad‑interim relief dated 19 December 2025 to cover the additional infringing mark, ordering seizure of the related goods. The matter was listed for further consideration on 15 April 2026, with the interim relief to continue until then. A separate leave petition under clause XIV of the Letters Patent (Bombay) was filed to combine the causes of action for trademark infringement, copyright infringement, and passing off; the defendant did not respond, and the petition was allowed to avoid multiplicity of proceedings.

Issues considered

Whether the ad‑interim relief can be extended to cover the additional infringing mark "AMRAT BISLIRI".
Whether the amendment of the pleadings to include the new infringing mark is permissible.
Whether a leave petition under clause XIV of the Letters Patent (Bombay) can be allowed to combine trademark, copyright, and passing‑off causes of action.

Legislation cited

Subjects

trademark infringement
passing off
copyright infringement
interim relief
amendment of pleadings
leave petition
court receiver
combined cause of action

Judgment

                                                      77-IA(L)-40551-2025.doc


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

               INTERIM APPLICATION (L) NO. 40551 OF 2025
                                  IN
                  COMMERCIAL IP SUIT NO. 709 OF 2025
                                WITH
                     LEAVE PETITION NO. 2 OF 2026

Bisleri International Private Limited                    ...Applicant/
                                                         Plaintiff
          Versus
 Sandeep Jain                                            ...Defendant

                               ——————
Mr. Vinod Bhagat a/w Ms. Twisha Singh i/b Mr. Vinod Bhagat, for the
Plaintiff.
Mrs. Rucha Ambekar, Master Admin, Court Receiver.
Ms. Nidhi i/b Ms. Pooja Jain (Through VC), for the Defendant.
                               ——————

                             CORAM : SHARMILA U. DESHMUKH, J.
                             DATE    : March 04, 2026


P. C. :

1.        Mr. Bhagat, learned counsel for the Plaintiff tenders schedule of

draft amendment. The same is taken on record. Considering the nature

of amendment, the same is allowed. Amendment to be carried out

within a period of 3 weeks. Re-verification is dispensed with.

2.        Mr. Bhagat submits that during the execution of the commission,

the Court Receiver found additional infringing marks i.e "AMRAT


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                                                        77-IA(L)-40551-2025.doc


BISLIRI". He points out to the Court Receiver's Report which mentions

the infringing products. He submits that as there is infringement of the

Plaintiff's registered trade mark by use of deceptively sounding

trademark as well as infringement of the label mark, ad-interim order

of 19th December, 2025 be extended to the additional infringing marks

of "AMRAT BISLIRI".

3.       Prima facie, upon perusal of additional infringing mark, it is

evident that the infringing mark is visually and phonetically similar to

the Plaintiff's registered mark and the Defendant has copied the

essential features of the Plaintiff's original art work including colour

scheme/ getup/ layout. In light of the same, the ad-interim relief

granted by order of 19th December, 2025 is extended to the additional

infringing mark of "AMRAT BISLIRI". Additional infringing goods have

already been seized by the Court Receiver and forms part of the Court

Receiver's Report. List the application for further consideration on 15th

April, 2026.

4.       Ad-interim relief granted earlier to continue till the next date.



LEAVE PETITION NO. 2 OF 2026

5.       The Petition has been filed under clause XIV of the Letters

Patent (Bombay) for combining the cause of action of infringement of

trademark and copyright with the cause of action for passing off. There


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is no response filed by the Defendants to the Leave Petition. In order

to avoid multiplicity of proceedings, Leave Petition is allowed.



                                      [SHARMILA U. DESHMUKH, J.]




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