Saint-Gobain India Private Limited vs Azhar Khan — Bombay HC (2025) — LawSathi Research

Saint-Gobain India Private Limited vs Azhar Khan — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed on admission in terms of prayer clauses (a), (b), (c), (d) and (f) of the Plaint; Consent Terms accepted as undertakings to the Court; refund of Court-fees as per rules; Court Receiver discharged without passing of accounts with costs payable by the Plaintiff within eight days upon demand; pending applications disposed of; Leave Petition (L) No. 20489 of 2023 allowed.

Issue for consideration

Whether, upon settlement between the parties, the suit should be decreed on admission in terms of prayer clauses (a), (b), (c), (d) and (f) of the Plaint, with the Consent Terms accepted as undertakings given to the Court. +2 more

Court's answer

The statements made in the Consent Terms were accepted as undertakings given to the Court, following personal submission by Defendant No. 1(a) whose identity was verified by his Aadhar card and by his Advocate.

Ratio / Principle

The suit is decreed on admission in terms of prayer clauses (a), (b), (c), (d) and (f) of the Plaint.

Key takeaways

The Court Receiver stands discharged without passing of accounts, and all his costs, charges and expenses are to be paid by the Plaintiff within a period of eight days upon demand being raised by the Court Receiver.ratio¶¶20
Refund of Court-fees is directed as per rules.ratio¶¶19
Nothing survives for consideration in pending applications, if any, and the same stand disposed of.ratio

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (OOCJ), Sharmila U. Deshmukh, J., 23 December 2025 — Commercial IP Suit No. 230 of 2025, Saint-Gobain India Private Limited v. Azhar Khan and Another (with Leave Petition (L) No. 20489 of 2023 and Court Receiver's Report No. 327 of 2023): On the suit being settled between the parties, Consent Terms tendered and marked 'X' for identification were accepted, the statements therein being treated as undertakings given to the Court. Defendant No. 1(a), proprietor of Defendant No. 2, appeared in person, was identified by his Aadhar card and by his Advocate, and submitted to a decree of admission. The suit stood decreed on admission in terms of prayer clauses (a), (b), (c), (d) and (f) of the Plaint. Refund of Court-fees as per rules was directed; the Court Receiver was discharged without passing of accounts, his costs, charges and expenses payable by the Plaintiff within eight days upon demand; pending applications stood disposed of; and the Leave Petition was allowed.

2025:BHC-OS:26234

908 IA(L)-20500-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

COMMERCIAL IP SUIT NO. 230 OF 2025

Saint-Gobain India Private Limited ...Plaintiff Versus Azhar Khan and Another ...Defendants

WITH LEAVE PETITION (L) NO. 20489 OF 2023 WITH COURT RECEIVER’S REPORT NO. 327 OF 2023

Mr. Karan Khiani, Mr. Rohan Lopes i/b Ms. Rashmi Singh for Plaintiff. Ms. Praitbha R., Mr. Himashu Patil for Defendants.

Mr. Azhar Khan, Defendant in person.

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Coram : Sharmila U. Deshmukh, J. Date : 23^rd December, 2025.

P. C. :

1. This Court is informed that the suit has been settled between the parties.

2. The Consent Terms are tendered, which are taken on record and marked ‘X’ for identification. The Consent Terms are signed by the authorized signatory of the Plaintiff and by Defendant No. 1(a) who is proprietor of Defendant No. 2. The Defendant No. 1(a) is present personally in Court and reiterates the terms of the Consent Terms. He submits to a decree of admission in terms of prayer clauses (a), (b), (c),

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908 IA(L)-20500-2023.doc

(d) and (f) of the Plaint. His identity is verified by his Aadhar card and by his Advocate. The statements made in the Consent Terms are accepted as undertaking given to this Court.

3. The suit is decreed on admission in terms of prayer clauses (a), (b), (c), (d) and (f) of the Plaint.

4. Refund of Court-fees as per rules.

5. Court Receiver’s Report is disposed of. Court Receiver stands discharged without passing of accounts. All costs, charges and expenses of the Court Receiver to be paid by the Plaintiff within period of eight days upon demand being raised by Court Receiver.

6. In view of above, nothing survives for consideration in pending applications, if any, and the same stand disposed of.

Leave Petition (L) No. 20489 of 2023 :

7. As the suit has been settled between the parties, Leave Petition is allowed.

[Sharmila U. Deshmukh, J.]

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