Bombay High Court
Bisleri International Private LimitedversusAgrawal Food Product
- Decided
- Disposal
- CONSENT TERM
Holding
The suit is decreed and disposed in accordance with the parties' Consent Terms.
Summary
Bisleri International Private Limited filed a commercial IP suit against Agrawal Food Product. The parties later settled the dispute and executed Consent Terms, which were signed by authorized representatives and their counsel. The court, after verifying the signatures and undertakings, decreed the suit in accordance with the Consent Terms, ordered refund of court fees, and discharged the court receiver without requiring an account, subject to payment of costs. The interim application and the court receiver's report were also disposed of. The leave petition filed earlier was allowed in part and subsequently disposed.
Issues considered
- Whether the court can decree the suit based on the parties' settlement and Consent Terms
- Whether the court receiver can be discharged without passing accounts
- Whether court fees are refundable upon settlement
Subjects
- settlement
- consent decree
- commercial IP suit
- court receiver
- refund of court fees
Judgment
903-COMIPL-40195-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT (L) NO.40195 OF 2025
WITH
INTERIM APPLICATION (L) NO.40467 OF 2025
WITH
LEAVE PETITION NO.237 OF 2025
WITH
COURT RECEIVER REPORT NO.23 OF 2026
IN
COMMERCIAL IP SUIT (L) NO.40195 OF 2025
Bisleri International Private Limited …Applicant/
Plaintiff
Versus
Agrawal Food Product …Respondent/
Defendant
Mr. Siddhant Gupta i/b. Mr. Vinod A. Bhagat, for the Plaintiff.
Ms. Nidhi Bangera a/w. Mr. B. N. Poojari, Mr. Rahul Poojari, Ms.
Karishma Sawant i/b. Asian Patent Law, for the Defendants.
Mr. Shashank Parmar (through Video Conferencing),
Representative of the Plaintiff.
Mr. Prabhudayal Agrawal (through Video Conferencing), the
Proprietor of the Defendant.
Mrs. S. S. Chipkar, Master (Adm.), Court Receiver, High Court,
Bombay, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 18th AUGUST 2026
P. C.:
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903-COMIPL-40195-2025.DOC
LEAVE PETITION NO.237 OF 2025:
1. Perused the plaint and the Leave Petition.
2. For the reasons set out in the Leave Petition, the same is
allowed in terms of prayer clause (a).
3. Accordingly, the Leave Petition is disposed of.
COMMERCIAL IP SUIT (L) NO.40195 OF 2025:
4. Both the learned Counsel state that the parties have settled
the dispute and tendered the Consent Terms. The Consent Terms
are signed on behalf of the Plaintiff by Mr. Shashank Parmar, who
is the Authorized Representative of the Plaintiff, who has been
authorized by a Board Resolution dated 27 th February 2023. The
Consent Terms are also signed by Mr. Prabhudayal Agrawal, the
Proprietor of Agrawal Food Product. The Consent Terms are also
signed by the respective Advocates. The respective Advocates
identify the signatures of their respective parties.
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903-COMIPL-40195-2025.DOC
5. Both, Mr. Shashank Parmar and Mr. Prabhudayal Agrawal,
who are present through Video Conferencing states that the parties
have settled the dispute and they have signed the Consent Terms.
Accordingly, the Consent Terms are taken on record and marked ‘X’
for identification. The said Consent Terms read as under:
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6. Various statements made in the Consent Terms are accepted
as undertakings given to the Court.
7. Accordingly, the Commercial IP Suit is decreed in terms of
the Consent Terms.
8. The refund of the Court fees is permitted as per the Rules.
9. In view of the Consent Terms, the Interim Application is also
disposed of.
10. In view of the disposal of the suit in terms of the Consent
Terms, Court Receiver Report No.23 of 2026 stands disposed of in
terms of prayer clauses (a) and (b).
11. Court Receiver is discharged without passing of accounts,
subject to payment of costs, charges and expenses to be paid
within two weeks by the Plaintiff on demand being made by the
office of the Court Receiver.
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903-COMIPL-40195-2025.DOC
12. Cost of Court Receiver Report is fixed at Rs.5,000/- and the
Court Receiver is permitted to recover the same from the balance
available in the Suit account.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.19
15:10:59
+0530
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