Asain Paints Limited vs Rakesh Airen Trading as Harshil Industries — Bombay HC (2025) — LawSathi Research

Asain Paints Limited vs Rakesh Airen Trading as Harshil Industries — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed on consent/admission in terms of prayer clauses (a) and (b) of the plaint: (a) perpetual injunction restraining the Defendant, directly or indirectly, and all persons claiming under him, from using the Impugned Mark or any mark identical or similar to the Plaintiff's registered Trade Marks so as to infringe them; (b) perpetual injunction restraining passing off of the Defendant's goods as those of the Plaintiff; consent terms accepted as undertakings to the Court; refund of court fees as per rules; Court Receiver discharged without passing of accounts, charges payable by Plaintiff within seven days after demand.

Issue for consideration

Whether the Defendant is liable to be restrained by perpetual injunction from using the Impugned Mark or identical/similar marks so as to infringe the Plaintiff's registered Trade Marks and/or pass off the Defendant's goods as those of the Plaintiff — resolved by consent decree in terms of prayer clauses (a) and (b), without contested adjudication.

Court's answer

Defendant submits to the decree in terms of prayer clauses (a) and (b) of the plaint; the statements made in the consent terms are accepted as undertakings given to the Court; the suit is decreed accordingly — clause (a) grants a perpetual injunction restraining the Defendant and all persons claiming under him from using the Impugned Mark or any identical/similar mark so as to infringe the Plaintiff's registered Trade Marks (nos. 944265, 1299194, 1841835, 1841836, 1994713, 1994715, 1994716, 1994718, 1994719, 1994721, 1994723, 1994724, 2085431, 2276312, 2398737, 3050117, 3259454, 3259458, 3272234, 3272235, 3272236, 3286762 and 35594542), and clause (b) grants a perpetual injunction against passing off the Defendant's goods as those of the Plaintiff.

Ratio / Principle

Court Receiver's Report No. 370 of 2024 stands disposed of; the Court Receiver is discharged without passing of the accounts; all charges, expenses and costs of the Court Receiver are to be paid by the Plaintiff within seven days after demand being raised by the Court Receiver; refund of court fees as per rules.

Key takeaways

Interim Applications, if any, stand disposed of.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court (O.O.C.J.), Sharmila U. Deshmukh J., 9 July 2025 — Asian Paints Limited v. Rakesh Airen trading as Harshil Industries, Commercial IP Suit (L) No. 20375 of 2024 (with Interim Application (L) No. 20677 of 2024, Leave Petition (L) No. 20900 of 2024 and Court Receiver Report No. 370 of 2024). The matter was settled by Consent Terms dated 4th July 2025, taken on record and marked “X”, signed by the Plaintiff's constituted attorney and the Defendant proprietor; the parties affirmed the terms through video conferencing and their identities were verified by their advocates and Aadhar Cards. The Defendant submitted to a decree on admission in terms of prayer clauses (a) and (b) of the plaint. The statements in the consent terms were accepted as undertakings to the Court and the suit was decreed: (a) perpetual injunction restraining the Defendant and all persons claiming under him from using the Impugned Mark or any identical/similar mark so as to infringe the Plaintiff's registered Trade Marks bearing numbers 944265, 1299194, 1841835, 1841836, 1994713, 1994715, 1994716, 1994718, 1994719, 1994721, 1994723, 1994724, 2085431, 2276312, 2398737, 3050117, 3259454, 3259458, 3272234, 3272235, 3272236, 3286762 and 35594542; (b) perpetual injunction restraining the Defendant from using such marks so as to pass off the Defendant's goods as those of the Plaintiff. Refund of court fees as per rules; Court Receiver's Report No. 370 of 2024 disposed and the Receiver discharged without passing of accounts, with all charges, expenses and costs payable by the Plaintiff within seven days after demand; Interim Applications disposed.