Bombay High Court
Bisleri international pvt ltdversusPatel Food and Beverages
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed the leave petition and stood over the interim application, granting the defendants time to file a reply.
Summary
Bisleri International Pvt. Ltd. filed a commercial suit against Patel Food and Beverages and others. The plaintiff obtained an ad‑interim order on 16 July 2026 and a court‑receiver’s report was filed. The defendants were served on 7 August 2026, but despite service no defendant appeared or filed a reply. The plaintiff’s counsel moved for relief, and the court allowed the leave petition filed under Leave Petition No. 224 of 2026. In the interim application, the court stood the matter over to 1 October 2026, directing the defendants to file a reply by 24 September 2026 and to continue the ad‑interim relief until the next date.
Issues considered
- Whether the leave petition should be allowed despite the defendants’ non‑appearance after service of process?
- Whether the interim application should be stood over to give the defendants an additional opportunity to respond?
Subjects
- service of process
- default judgment
- interim relief
- commercial litigation
- court receiver
Judgment
957.IAL-20941.26.DOC
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by PRACHI
PRACHI PRANESH
PRANESH
NANDIWADEKAR
NANDIWADEKAR ORDINARY ORIGINAL CIVIL JURISDICTION
Date: 2026.09.05
11:31:15 +0530
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.20941 OF 2026
ALONG WITH
LEAVE PETITION NO.224 OF 2026
IN
COMMERCIAL IP SUIT (L) NO. 20829 OF 2026
Bisleri International Pvt. Ltd. … Applicant/Plaintiff
V/s.
Patel Food and Beverages & Ors. …. Defendants
______________________
Mr. Shwetank Tripathi a/w Ms. Sonam Pradhan and Ms. Karishma
Kantawala i/by ANM Global, for the Applicant/Plaintiff.
None appears for the Defendants.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 3 SEPTEMBER 2026
P. C. :-
1. Learned counsel appearing for the Applicant/Plaintiff states
that the ad-interim order dated 16 July 2026 has been
implemented and the Court Receiver’s report is also filed. She
submits that the Defendants have been served on 7 August 2026
and affidavit of service is also filed.
2. Inspite of service, none appears on behalf of the Defendants.
Page 1
PPN
957.IAL-20941.26.DOC
Leave Petition No. 224 of 2026
3. Perused the averments in the Plaint and Leave Petition.
4. Inspite of service, none appears on behalf of the Defendants.
No reply has been filed to the leave petition.
5. Accordingly, for the reasons set out in Leave Petition No.193
of 2026, the same is allowed in terms of prayer clause (a).
Interim Application (L) No. 20941 of 2026
6. Although the Defendants have been served, none appears
on behalf of the Defendants.
7. To give one more opportunity to the Defendants, stand over
to 1 October 2026.
8. The Defendants shall file reply on or before 24 September
2026. Ad-interim relief to continue till next date.
[MADHAV J. JAMDAR, J.]
Page 2
PPN
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.