Energy Beverages Pvt. Ltd. vs Ekadanta Packaged Drinking Water and Ors.

“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.”

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

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

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

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

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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

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

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

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consent terms.

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Kiran Kawre

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4-IA-5132-2025 (OS).DOC

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3/3

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

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shall be borne by the Applicant.

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The Receiver stands discharged without passing of accounts.

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

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

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the consent terms, which records thus:

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“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.”

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(ARIF S. DOCTOR, J.)

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Kiran Kawre

Energy Beverages Pvt. Ltd. v. Ekadanta Packaged Drinking Water and Ors.

Case brief

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Energy Beverages Pvt. Ltd. v. Ekadanta Packaged Drinking Water and Ors.

Case brief

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