Bombay High Court
Indian Agro Chem Industries Pvt LtdversusIndian Agro Chemicals
- Decided
- Disposal
- DISPOSED OFF
- Bench
- MADHAV JAMDAR
Holding
The suit is decreed and the interim application disposed in accordance with the parties’ Consent Terms.
Summary
The plaintiff, Indian Agro Chem Industries Pvt. Ltd., and the defendant, Indian Agro Chemicals, filed a commercial IP suit. Both parties later executed a Consent Terms document, signed by the plaintiff’s director and the defendant’s proprietor, indicating settlement of the dispute. The plaintiff’s counsel submitted the Consent Terms, and the court accepted them as valid undertakings. Relying on the parties’ agreement, the court decreed the suit in accordance with the Consent Terms, ordered a refund of court fees, and disposed of the related interim application. The judgment reflects the court’s willingness to enforce settlements entered into by the litigants.
Issues considered
- Can the court decree a suit based on the parties’ mutually agreed Consent Terms?
- Should the interim application be disposed of in accordance with the Consent Terms?
Subjects
- settlement
- consent decree
- commercial IP suit
- civil procedure
- interim application
- court fees
Judgment
4-IAL-1702-2026+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.1702 OF 2026
IN
COMMERCIAL IP SUIT (L) NO.1464 OF 2026
WITH
LEAVE PETITION NO.34 OF 2026
Indian Agro Chem Industries Pvt. Ltd. …Applicant/
Plaintiff
Versus
Indian Agro Chemicals …Respondent/
Defendant
Mr. Kaivalya Shetye i/b. Mr. Mahesh Mahadgut, for the
Applicant/Plaintiff.
Mr. D. R. Mane (through Video Conferencing), Director of the
Plaintiff.
Mr. Binnar Sudam Laxman, Proprietor of the Defendant, present in
Court.
CORAM: MADHAV J. JAMDAR, J.
DATED : 25th JUNE 2026
P. C.:
1. Perused the plaint and Leave Petition No.34 of 2026. For the
reasons set out in the Leave Petition No.34 of 2026, the same is
allowed in terms of prayer clause (a).
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2. Mr. Shetye, learned Counsel appearing for the Plaintiff
submits that the dispute between the Plaintiff and the Defendant is
settled in terms of the Consent Terms. He submits that the Consent
Terms are signed by Dnyanoba Ramrao Mane i.e. Director of the
Plaintiff who has been authorized to sign the Consent Terms by the
Board Resolution which has been annexed at page 7. The said
Dnyanoba Ramrao Mane is present through Video Conferencing.
He submits that the dispute between the Plaintiff and the
Defendant is settled and he has signed the Consent Terms as
authorized Director of the Plaintiff.
3. Mr. Binnar Sudam Laxman, who is the Proprietor of the
Defendant-Indian Agro Chemicals is personally present in Court.
He submits that the dispute between the Plaintiff and the
Defendant has been settled in terms of the Consent Terms and he
has signed the Consent Terms.
4. Accordingly, the Consent Terms are taken on record and
marked ‘X’ for identification. The Consent Terms read as under:
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5. Various statements made in the Consent Terms are accepted
as undertakings given to this Court.
6. The Commercial IP Suit (L) No.1464 of 2026 is decreed in
terms of the Consent Terms.
7. Refund of Court fees as per rules.
8. The Interim Application (L) No.1702 of 2026 is also
disposed of in terms of the Consent Terms.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.06.25
18:07:10
+0530
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