Franco-Indian Pharmaceuticals Private Limited vs Benatton Pharmaceutical Private Limited — Bombay HC (2026) — LawSathi Research

Franco-Indian Pharmaceuticals Private Limited vs Benatton Pharmaceutical Private Limited — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suit disposed of in terms of the Consent Terms and all Interim Applications disposed of accordingly; undertakings in the Consent Terms accepted as undertakings given to the Court; Court Receiver discharged without passing accounts upon the Applicants/Plaintiff undertaking to pay all necessary costs, charges and expenses; refund of Court fees as per rule.

Issue for consideration

Whether the Consent Terms tendered between the Plaintiff and Defendant Nos. 1 and 2 should be accepted and taken on record, and the Suit and pending Interim Applications disposed of accordingly. +2 more

Court's answer

The Consent Terms tendered between the Plaintiff and Defendant Nos. 1 and 2 are marked as “X” and taken on record.

Ratio / Principle

The Court was satisfied that Mr. Amit Palrecha, the duly authorized signatory of the Defendants, had authority to execute the Consent Terms, and in view thereof took the Consent Terms on record.

Key takeaways

The undertakings contained in the Consent Terms are accepted as undertakings given to the Court.ratio¶4
The Suit is disposed of in terms of the Consent Terms and all Interim Applications are accordingly disposed of.ratio¶5
The Court Receiver stands discharged without passing accounts, upon the Applicants/Plaintiff undertaking to pay all necessary costs, charges and expenses of the Court Receiver.ratio

Detailed headnote1 paragraphs

Bombay High Court (Commercial Division), Commercial IP Suit No. 193 of 2023 - Consent Terms entered into between the plaintiff Franco-Indian Pharmaceuticals Pvt. Ltd. and Defendant Nos. 1 and 2 (Benatton Pharmaceutical Pvt. Ltd.) were tendered in Court, marked “X” and taken on record after the defendants' duly authorized signatory confirmed his authority; the undertakings therein were accepted as undertakings given to the Court. The Suit was disposed of in terms of the Consent Terms and all pending Interim Applications (Nos. 6676 and 6775 of 2025) were accordingly disposed of. The Court Receiver (Report No. 223 of 2023) stood discharged without passing accounts upon the Applicants/Plaintiff undertaking to pay all necessary costs, charges and expenses. Refund of Court fees ordered as per rule, and the Registry directed to permanently retain the signed Consent Terms on file. Order of Arif S. Doctor, J.

5-IA-6676-2025 (OS).DOC

1/2

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

INTERIM APPLICATION NO. 6676 OF 2025

IN

COMMERCIAL IP SUIT NO. 193 OF 2023

Franco-Indian Pharmaceuticals Private Limited

...Applicant

Versus

Benatton Pharmaceutical Private Limited & Ors.

...Defendants

WITH

INTERIM APPLICATION NO. 6775 OF 2025

WITH

COURT RECEIVER REPORT NO. 223 OF 2023

IN

COMMERCIAL IP SUIT NO. 193 OF 2023

Mr. Hiren Kamod a/w Ms. Archita Gharat and Mr. Kiran Mehta i/b Mr. Kiran J. Mehta for the Applicant.

Ms. Huthvi Lad i/b Ms. Pooja Jain for the Defendant Nos. 1 and 2.

Ms. S.S. Chipkar, Master (Adm.) a/w Mr. Dhiraj D. Zatke, Representative of the Court Receiver.

Mr. Amit Palrecha, Representative of Defendant Nos. 1 and 2.

Mr. Sandeep Rahane Legal Manager and Authorized Signatory for Plaintiff present.

P.C.

Learned counsel for the parties have today tendered Consent Terms

entered into between the Plaintiff and the Defendant Nos. 1 and 2.

Mr. Kamod points out that the Suit, insofar as Defendant No. 3 is

concerned, has already been disposed of by Consent Terms previously entered

Areeb

5-IA-6676-2025 (OS).DOC

2/2

into. He further points out that the present Consent Terms have been duly executed on behalf of Defendant Nos. 1 and 2, both of whom are private limited companies. He has invited my attention to the Board Resolutions of Defendant Nos. 1 and 2, as well as the Power of Attorney.

Mr. Amit Palrecha, the duly authorized signatory of the Defendants, is present in Court, identified by his advocates, and confirms that he has the authority to execute the Consent Terms. In view thereof, the Consent Terms are marked as “X” and taken on record.

The undertakings contained in the Consent Terms are accepted as undertakings given to the Court.

The Suit is disposed of in terms of the Consent Terms. All Interim Applications are accordingly disposed of.

The Court Receiver stands discharged without passing accounts, upon the Applicants/Plaintiff undertaking to pay all necessary costs, charges, and expenses of the Court Receiver.

Refund of Court fees as per rule.

A soft copy of the Consent Terms will be uploaded as the second order in the matter. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

[ARIF S. DOCTOR, J.]

Areeb