Bisleri International Private Limited vs Orion Foods and Beverages — Bombay HC (2025) — LawSathi Research

Bisleri International Private Limited vs Orion Foods and Beverages — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in favour of the plaintiff in terms of consent prayer clauses (a) to (d) and (f) submitted to by defendant Nos.1 to 4; consent terms taken on record (marked 'X') and undertakings accepted; Court Receiver discharged without passing of accounts with costs borne by the plaintiff; refund of court fees directed.

Issue for consideration

Whether the suit be decreed in terms of the consent terms executed between the plaintiff and defendant Nos.1 to 4, with ancillary matters (leave petition, Court Receiver's report, court-fees refund, pending applications) disposed of accordingly.

Court's answer

Upon verification of the original Aadhaar card of defendant No.4 (produced and returned), the consent terms are taken on record and marked 'X'.

Ratio / Principle

The leave petition is allowed by consent.

Key takeaways

Defendant Nos.1 to 4 agreed to submit to a decree in terms of prayer clauses (a) to (d) and (f); the suit is decreed as per the consent terms and decree is to be drawn up accordingly.ratio¶5
The undertakings recorded in the consent terms are accepted as undertakings to the Court, and the signatories are directed to abide by their respective obligations thereunder.ratio¶7
A soft copy of the consent terms is to be uploaded as second order in the matter, and the hard copy of duly signed consent terms is to be retained in the record and not sent for destruction in the usual course.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction, Commercial Division — Commercial IP Suit (Lodging) No. 37101 of 2024, Bisleri International Private Limited v. Orion Foods and Beverages & others (Manish Pitale, J., 29 April 2025). Consensual decree: disputes with the contesting defendants settled; suit not pressed against defendant Nos.5 and 6; defendant No.1 is a partnership firm of which defendant Nos.2 to 4 are partners. Consent terms signed by the plaintiff's authorised signatory and advocate and by defendant No.4 on behalf of defendant Nos.1 to 4 (Aadhaar card verified) were taken on record and marked 'X'; the leave petition was allowed by consent. Defendant Nos.1 to 4 submitted to a decree in terms of prayer clauses (a) to (d) and (f), and the suit was decreed as per the consent terms. Under clause 4 of the consent terms they handed over post-dated cheques of Rs. 4,50,000, with defendant No.4 undertaking to honour them; the undertakings were accepted as undertakings to the Court. The Court Receiver stood discharged without passing up of accounts, with costs, charges and expenses borne by the plaintiff, and the Receiver's report was disposed of. Court fees were directed to be refunded as per rules under Section 43 of the Maharashtra Court Fees Act, with the order date deemed the date of claim and a certificate of refund to issue without a separate application; pending applications stood disposed of.

59_COMIPL_37101_24.doc

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

COMMERCIAL IP SUIT (LODGING) NO. 37101 OF 2024

Bisleri International Private Limited … Applicant/Plaintiff vs.

Orion Foods and Beverages & others … Respondents/Defendants

WITH INTERIM APPLICATION (LODGING) NO. 37490 OF 2024 WITH LEAVE PETITION (LODGING) NO. 37144 OF 2024 WITH COURT RECEIVER’S REPORT NO. 36 OF 2025

IN COMMERCIAL IP SUIT (LODGING) NO. 37101 OF 2024

Ms. Radhika Mehta, i/b. ANM Global for applicant/plaintiff.

Ms. Charushila Vaidya, 2^nd Assistant to the Court Receiver.

Mr. Mohammad Raza Monaria, defendant No.4 present on behalf of defendant Nos.1 to 4.

CORAM : MANISH PITALE, J. DATE : 29^th APRIL, 2025

P.C. :

. The learned counsel for the plaintiff informs this Court that the disputes with the contesting defendants, have been settled. It is stated at the outset that the suit is not being pressed against defendant Nos.5 and 6. Defendant No.1 is a partnership firm, of which defendant Nos.2 to 4 are partners.

It is submitted that in pursuance of settlement between the PRIYAKAMBLI Digitallysigned byPRIYA KAMBLIDate:2025.04.2914:29:35+0530 parties, consent terms have been executed and tendered. They are signed by the authorized signatory of the plaintiff and advocate for the plaintiff as also by defendant No.4, being one of the partners of defendant No.1-partnership firm.

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59_COMIPL_37101_24.doc

It is stated that the defendant No.4 has signed the consent terms on behalf of defendant Nos.1 to 4 and that a copy of his aadhar card is annexed to the consent terms. The original aadhar card of defendant No.4 is produced for verification. Upon verification, the original aadhar card is returned back to the said defendant. This Court is satisfied that the consent terms can be taken on record. Accordingly, the same are taken on record and marked ‘X’.

Leave petition is allowed by consent.

Defendant Nos.1 to 4 have agreed to submit to a decree in terms of prayer clauses (a) to (d) and (f). The suit is decreed as per the consent terms. Decree be drawn up accordingly.

It is recorded that as per clause 4 of the consent terms, defendant Nos.1 to 4 have handed over certain post-dated cheques for an amount of 4,50,000. Defendant No.4 undertakes to honour₹ the said cheques and this is specifically recorded in the consent terms.

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.

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59_COMIPL_37101_24.doc

In view of the disposal of the suit, the Court Receiver stands discharged without passing up of accounts and upon payment of costs, charges and expenses, if any, to be borne by the plaintiff. The report of the Court Receiver is accordingly disposed of.

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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