Bombay High Court
Speciality Restaurants LimitedversusTCT Ventures Private Limited
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that the parties' settlement embodied in the consent terms is binding, the suit is decreed per those terms, and the interim application is disposed as there is nothing remaining.
Summary
The plaintiff, Speciality Restaurants Limited, sought leave to delete the names of Defendants No.2 and No.3 from an interim application. The Court granted this amendment and dispensed with reverification. Subsequently, the plaintiff and Defendant No.1 settled the dispute and filed consent terms, signed by authorized representatives and their counsel, which were taken on record. The Court accepted the consent terms as undertakings and decreed the Commercial Intellectual Property Rights Suit in accordance with them, ordering a refund of court fees. With the suit disposed, the interim application was also dismissed as there was nothing left to adjudicate.
Issues considered
- Whether the Court may grant leave to delete the names of certain defendants from an interim application.
- Whether a settlement reflected in consent terms can be recorded and the suit decreed accordingly.
- Whether the interim application should be disposed of after the main suit is settled.
Subjects
- settlement
- consent decree
- interim application
- commercial intellectual property rights
- court fees
- amendment of parties
- civil procedure
Judgment
14-IA(L)-20224-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.20224 OF 2026
Digitally IN
signed by
ARJUN
ARJUN
VITTHAL COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (L)
KUDHEKAR
NO.20017 OF 2026
VITTHAL
KUDHEKAR Date:
2026.09.19
13:13:08
Speciality Restaurants Limited ...Applicant
+0530
In the matter of
Speciality Restaurants Limited ...Plaintiff
Versus
TCT Ventures Private Limited & Ors. ...Defendants
WITH
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (L)
NO.20017 OF 2026
Speciality Restaurants Limited ...Plaintiff
Versus
TCT Ventures Private Limited & Ors. ...Defendants
WITH
LEAVE PETITION NO.216 OF 2026
IN
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (L)
NO.20017 OF 2026
Speciality Restaurants Limited ...Plaintiff
Versus
TCT Ventures Private Limited & Ors. ...Respondents
——————
Ms. Dishita Shah a/w Priyanka Prabhakar i/b ANM GLobal, for the Plaintiff.
Mr. Shavez Mukri i/b A & G Legal Associates LLP, for Defendant No.1.
Mr. Atul Gupta a/w Prapti Parekh i/b Archit Virmani, for Defendant No.3.
——————
Coram: Madhav J. Jamdar, J.
Date: September 17, 2026
Arjun 1
14-IA(L)-20224-2026.doc
P.C.:
1. Heard Ms. Shah, learned Counsel appearing for the Plaintiff, Mr.
Mukri, learned Counsel appearing for Defendant No.1 and Mr. Gupta,
learned Counsel appearing for Defendant No.3.
2. At the outset, Ms. Shah, learned Counsel appearing for the
Plaintiff seeks leave to delete the names of Defendant Nos.2 and 3.
3. Accordingly, leave as sought is granted. Amendment be carried
out forthwith. Reverification is dispensed with.
LEAVE PETITION NO.216 OF 2026
4. Perused the Plaint and the Leave Petition.
5. For the reasons set out in Leave Petition No.216 of 2026, the
same is allowed in terms of prayer clause (a).
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (L)
NO.20017 OF 2026
6. Ms. Shah, learned Counsel appearing for the Plaintiff and Mr.
Mukri, learned Counsel appearing for Defendant No.1, state that the
Plaintiff and Defendant No.1 have settled the dispute and tender the
‘Consent Terms’.
7. The Consent Terms are signed by Mr. Avinash Kinhikar, Authorized
Representative of the Plaintiff, who has been authorized by Board
Resolution dated 10th February 2022. The Consent Terms are also
Arjun 2
14-IA(L)-20224-2026.doc
signed by Mr. Chaitanya Bhamidipaty, Authorized Representative of
Defendant No.1, who has been authorized by Board Resolution dated
21st August 2026 of Defendant No.2. Both the Board Resolutions are
annexed to the Consent Terms. The Consent Terms are also signed by
the respective Advocates of the parties, who identify the signatures of
the respective parties.
8. Accordingly, the Consent Terms are taken on record and marked
“X” for identification. The Consent Terms read as under:
Arjun 3
14-IA(L)-20224-2026.doc
Arjun 4
14-IA(L)-20224-2026.doc
Arjun 5
14-IA(L)-20224-2026.doc
Arjun 6
14-IA(L)-20224-2026.doc
Arjun 7
14-IA(L)-20224-2026.doc
Arjun 8
14-IA(L)-20224-2026.doc
Arjun 9
14-IA(L)-20224-2026.doc
Various statements made in the Consent Terms are accepted as
undertakings given to the Court.
9. Accordingly, Commercial Intellectual Property Rights Suit
(Lodging) No.20017 of 2026 is decreed in terms of the Consent Terms.
10. Refund of Court fees as per rules.
11. In view of disposal of Commercial Intellectual Property Rights Suit
(Lodging) No.20017 of 2026, nothing survives in Interim Application (L)
No.20224 of 2026 and the same is also disposed of.
[Madhav J. Jamdar, J.]
Arjun 10
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