Jyothy Labs Limited vs United Soaps — Bombay HC (2025) — LawSathi Research

Jyothy Labs Limited vs United Soaps — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Decree in terms of prayer clauses (a) to (c) of the plaint pursuant to the consent terms; leave petition (lodging) allowed by consent; undertakings in the consent terms accepted as undertakings to the Court; refund of Court fees as per rules with certificate to be issued by the Prothonotary and Senior Master without a separate application.

Ratio / Principle

The leave petition (lodging) in the suit is allowed by consent of the parties.

Key takeaways

The defendants agreed to submit to a decree in terms of prayer clauses (a) to (c); the suit is disposed of as per the consent terms and the decree is to be drawn up accordingly.ratio¶24
The undertakings recorded in the consent terms are accepted as undertakings to this Court.ratio¶25
The signatories to the consent terms are directed to abide by their respective obligations as per the consent terms.ratio

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Commercial Division), Commercial IP Suit No. 325 of 2024, Jyothy Labs Limited v. United Soaps and another — Manish Pitale, J., order dated 08.05.2025: the parties informed the Court that their disputes were settled and consent terms had been executed; the consent terms signed by the plaintiff's Company Secretary, the proprietor of defendant No.1, the Managing Partner of defendant No.2 and the respective advocates were taken on record and marked 'X'. The leave petition (lodging) No. 29701 of 2024 was allowed by consent. The defendants agreed to submit to a decree in terms of prayer clauses (a) to (c); the suit was disposed of as per the consent terms and the decree was directed to be drawn up accordingly. The undertakings in the consent terms were accepted as undertakings to the Court and the signatories were directed to abide by their obligations. Court fees were held refundable as per rules — for the purpose of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, the date of the order was deemed the date of making a claim for repayment, and the Prothonotary and Senior Master was directed to issue a refund certificate on an authenticated copy of the order without insisting on a separate application. Pending applications, if any, stood disposed of. The subject matter of the underlying IP dispute is not set out in the order.

904_COMIP_325_24.doc

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

COMMERCIAL IP SUIT NO. 325 OF 2024

Jyothy Labs Limited … Plaintiff vs. United Soaps and another … Defendants

WITH

INTERIM APPLICATION NO. 1332 OF 2025

WITH

LEAVE PETITION (LODGING) NO. 29701 OF 2024

IN

COMMERCIAL IP SUIT NO. 325 OF 2024

Mr. Ashutosh Kane a/w. Ms. Maitri Asher, i/b. W. S. Kane & Co. for plaintiff.

K. V. Sharafudeen for defendants.

Mr. Shreyas Trivedi, Company Secretary of plaintiff.

V. M. Shebeeb, defendant No.1 - sole proprietor.

P. A. Abdul Rahman, Managing Partner of defendant No.2.

CORAM : MANISH PITALE, J. DATE : 08^th MAY, 2025

P.C. :

. The learned counsel for the parties inform this Court that the disputes between the parties are now settled and that the consent terms have been executed.

The consent terms signed by the Company Secretary of the plaintiff as well as the proprietor of defendant No.1 and the Managing Partner of defendant No.2 as also the respective advocates, are tendered. The same are taken on record and marked ‘X’.

Leave petition is allowed by consent.

PRIYAKAMBLI Digitallysigned byPRIYA KAMBLIDate:2025.05.0911:18:52+0530

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904_COMIP_325_24.doc

The defendants have agreed to submit to a decree in terms of prayer clauses (a) to (c). Suit is disposed of as per the consent terms. Decree be drawn up accordingly.

The undertakings recorded in the consent terms are accepted as undertakings to this Court. The signatories to the consent terms are directed to abide by their respective obligations, as per the consent terms.

A soft copy of the consent terms shall be uploaded as second order in the matter. A hard copy of duly signed consent terms shall be retained in the record and shall not be sent for destruction in the usual course.

The Court fees shall be refunded as per rules. For the purpose of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, today’s date shall be the date of making a claim for repayment. The Prothonotary and Senior Master shall proceed to issue a certificate for refund of Court fees, on the basis of an authenticated copy of this order, without insisting upon a separate application.

In view of the disposal of the suit, pending applications, if any, also stand disposed of.

(MANISH PITALE, J)

Priya Kambli

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