Energy Beverages Pvt. Ltd. vs Ekadanta Packaged Drinking Water — Bombay HC (2025) — LawSathi Research

Energy Beverages Pvt. Ltd. vs Ekadanta Packaged Drinking Water — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Commercial IP Suit No. 443 of 2025 was disposed of in terms of consent terms executed between the Plaintiff and Defendant Nos.1, 2 & 5; Defendant Nos.3 & 4 were deleted from the array of parties and the suit dismissed as withdrawn qua them; undertakings in the consent terms accepted as undertakings to the Court (operating inter partes only); Court Receiver's Report No. 26 of 2025 disposed of and the Receiver discharged without passing of accounts, with Receiver's costs, charges and expenses borne by the Applicant; destruction of impugned goods and materials (including dyes to be handed over) per paragraph 7 of the consent terms; all pending applications disposed of.

Ratio / Principle

Defendant Nos.3 & 4 were deleted from the array of parties and the suit was dismissed as withdrawn so far as Defendant Nos.3 & 4 are concerned, the suit not being pressed against them.

Key takeaways

Having due regard to the fact that the consent terms were duly executed, such execution being supported by the report of the Section Officer, the consent terms were marked 'X' for identification and taken on record.ratio¶36
The suit was disposed of in terms of the consent terms arrived at between the Plaintiff and Defendant Nos.1, 2 & 5.ratio¶37
The undertakings contained in the consent terms were accepted as undertakings to the Court; the consent terms operate only inter partes and do not affect any right, title or interest of any non-signatory thereto.ratio

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Ordinary Original Civil Jurisdiction) — Interim Application No. 5132 of 2025 (with Interim Application No. 5245 of 2025 and Court Receiver's Report No. 26 of 2025) in Commercial IP Suit No. 443 of 2025, Energy Beverages Pvt Ltd v. Ekadanta Packaged Drinking Water & Ors.; coram Arif S. Doctor, J.; order dated 3rd October 2025. On consent terms tendered in court, the suit was recorded as amicably resolved between the Plaintiff and Defendant Nos.1, 2 & 5; Defendant Nos.3 & 4 were deleted from the array of parties and the suit dismissed as withdrawn qua them. Execution of the consent terms was verified by the Section Officer's report; the terms were marked 'X' for identification and taken on record, and the undertakings therein accepted as undertakings to the Court, the terms operating strictly inter partes without affecting any non-signatory. The suit stood disposed of in terms of the consent terms. Court Receiver's Report No. 26 of 2025 was disposed of and the Receiver discharged without passing of accounts, with all costs, charges and expenses borne by the Applicant. As per paragraph 7 of the consent terms, materials including screens, blocks, dyes, plastic packaging and the impugned bottle shape bearing the mark 'CLEAR GOLD' and the impugned artistic work (as identified in the Plaint, the order dated 25.11.2024 and Court Receiver report no.26 of 2025) are to be destroyed within 4 weeks in the presence of representatives and advocates of both sides, with all expenses borne by Defendant Nos.1, 2 & 5, who also undertake to hand over the dyes to the Plaintiff forthwith. No contested issue, statute or precedent was dealt with.

Digitally KAWRE signed byKAWREKIRAN KIRAN KALYAN KALYAN Date:2025.10.06 10:44:53 +0530

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

INTERIM APPLICATION NO. 5132 OF 2025

IN

COMMERCIAL IP SUIT NO. 443 OF 2025

Energy Beverages Pvt Ltd Versus

...Applicant/Plaintiff

Ekadanta Packaged Drinking Water ...Defendant

WITH

INTERIM APPLICATION NO. 5245 OF 2025

WITH COURT RECEIVERS REPORT NO. 26 OF 2025

IN

COMMERCIAL IP SUIT NO. 443 OF 2025

Mr. Atmaram Patade a/w Suraj Naik, Akshay Adivarekar, Rahul Dubey, Shraddha Patil i/b Atamram Patade for Plaintiff.

Mr. Sagar Batavia i/b A. N. Giri for Defendant No.3.

Mr. D. K. Singh for Defendant Nos.1, 2 & 5.

Mr. Deepak Bhalerao, Second Assistant to Court Receiver, present.

CORAM : ARIF S. DOCTOR, J. DATE : 3rd OCTOBER 2025

P.C.

Learned counsel have today tendered consent terms by which he submits

that the captioned Commercial IP Suit has been amicably resolved between the

Plaintiff and Defendant Nos.1, 2 & 5. Learned counsel submits that the suit is

Kiran Kawre

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not being pressed insofar as the Defendant Nos.3 & 4 are concerned. Therefore,

let the Defendant Nos.3 & 4 be deleted from the array of the parties.

Hence, the suit is dismissed as withdrawn sofar as Defendant Nos.3 & 4 are

concerned. Due execution of the consent terms have been supported with the

report of the Section Officer which inter alia records thus:

“The consent term are duly signed by the Authorized signatories of Plaintiff and Defendant No.1,2 and 5 as above. The parties have admitted the contents of the Consent Terms. The Consent Terms are duly signed by the parties out of their free will without any undue influence and coercion. The Consent Terms are duly executed by the signatories.”

Having due regard to the fact that the consent terms have been duly

executed and such execution is supported by the report of the Section Officer.

The consent terms are marked “X” for identification and taken on record.

The suit is disposed of in terms of in terms of consent terms. The

undertaking in the consent terms are accepted as undertaking to the Courts. Needless to record that this consent terms shall only operate inter parties and

shall not affect any right, title and interest of any non signatory thereto.

The Court Receivers Report No.26 of 2025 is disposed of in terms of this

consent terms.

Kiran Kawre

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All necessary payment of costs, charges and expenses of the Court Receiver

shall be borne by the Applicant.

The Receiver stands discharged without passing of accounts.

All pending Applications also stand disposed of in light of the aforesaid order.

The destruction of the goods in question shall be as per paragraph No.7 of

the consent terms, which records thus:

“7. Defendants further agree to destroy all such materials including screens, blocks, dyes, plastic packaging, impugned shape of the bottle bearing the impugned marks "CLEAR GOLD" along with the impugned artistic work as identified in the Plaint, Order dated 25.11.2024 and Court Receiver report no.26 of 2025. The aforesaid destruction is agreed by the parties to be undertaken in the presence of the Plaintiff's representative and Defendant's Representative, with their respective advocates within a period of 4 weeks from the date of execution of this consent terms. The parties agree to remove the court receiver seal on the sealed and sealed Defendant's impugned goods in the presence of the Plaintiff and defendants and/or the representatives of Plaintiff and Defendants representative with their respective advocate. Defendants unconditionally agree and undertake to bare all the expenses/cost, air tickets, stay arrangement, incidental and misc. expenses for the disposal of the impugned goods shall be borne and paid by the defendants alone and the same shall be paid in advance to the Plaintiff representative/advocates. The defendant no. 1, 2 and 5 undertake to handover all the dye of the impugned shape/mark used by the defendants forthwith to the Plaintiff for destruction.”

(ARIF S. DOCTOR, J.)

Kiran Kawre