Bombay High Court
Indian Agro Chem Industries Pvt LtdversusPioneer Agro Industries
- Decided
- Disposal
- CONSENT TERM
Holding
The suit is decreed in terms of the Consent Terms, confirming the settlement.
Summary
Indian Agro Chem Industries Pvt. Ltd. filed a suit against Pioneer Agro Industries in the Bombay High Court. The parties later reached a settlement, formalized in a Consent Terms document signed by authorized representatives of both companies, including a director of the plaintiff and partners of the defendant, pursuant to a board resolution. The parties appeared via video conference to confirm the settlement, and the consent document was placed on record. The court accepted the settlement as an undertaking, decreed the suit in accordance with the Consent Terms, ordered a refund of court fees, and disposed of the related interim application. The leave petition filed earlier was allowed as per its prayer clause.
Issues considered
- Whether the parties have the authority to settle the dispute through the Consent Terms
- Whether the settlement can be enforced as a decree of the court
Subjects
- settlement
- consent decree
- commercial intellectual property rights
- civil procedure
- court fees
- video conference
- board resolution
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS
LODGING NO. 1367 OF 2026
WITH
LEAVE PETITION NO. 31 OF 2026
Indian Agro Chem Industries Pvt. Ltd. ....Plaintiff
Vs.
Pioneer Agro Industries ....Defendant
WITH
INTERIM APPLICATION LODGING NO. 1597 OF 2026
In
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS STAMP
NO. 1367 OF 2026
Indian Agro Chem Industries Pvt. Ltd. ....Applicant
In the matter between :
Indian Agro Chem Industries Pvt. Ltd. ....Plaintiff
Vs.
Pioneer Agro Industries ....Defendant
Mr. Kaivalya Shetye, i/b. Mahesh Mahadgut, for the Plaintiff.
Mr. Sanjeev Hariakar, for the Defendant.
Mr. Dnyanoba R. Mane, Representative of Plaintiff.
CORAM: MADHAV J. JAMDAR, J.
DATE : 10th SEPTEMBER, 2026
P. C.:
LEAVE PETITION NO. 31 OF 2026
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) and disposed of as such.
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COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS
LODGING NO. 1367 OF 2026
1. Mr. Shetye, learned counsel appearing for the Plaintiff and
Mr. Hariakar, learned counsel appearing for the Defendant state
that the parties have settled the dispute and tender the Consent
Terms. The Consent Terms are signed by Mr. Dnyanoba R. Mane,
Director of the Plaintiff-Company, who has been authorized to sign
the Consent Terms pursuant to Board Resolution passed on 24 th
June, 2026. The Consent Terms are also signed by Mr. Vinaykumar
H. Patel and Mr. Shaileshbhai K. Patel, who are the Partners of the
Defendant-Pioneer Agro Industries.
2. Mr. Dnyanoba R. Mane, Director of the Plaintiff-Company
and Mr. Vinaykumar H. Patel and Mr. Shaileshbhai K. Patel, the
Partners of the Defendant-Pioneer Agro Industries are present
through video conference and all of them state that they have
settled the dispute in terms of the Consent Terms. Both learned
counsel identify the signatures of their respective clients.
3. Accordingly, the Consent Terms are taken on record and
marked “X” for identification.
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4. A scanned copy of the Consent Terms is reproduced
hereunder for ready reference :
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7. Various statements made by the parties contained in the
Consent Terms are accepted as undertakings given to this Court.
8. The Suit is decreed in terms of the Consent Terms.
9. Refund of Court fees as per Rules.
10. In view of the disposal of the Suit, the Interim Application
also stands disposed of.
[MADHAV J. JAMDAR, J.]
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