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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




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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:




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                                                         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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