Shalimar Pack, Through its Partner and Power of Attomey Holder Mr Vijaykumar Saraogi vs Navkar Packaging — Bombay HC (2026) — LawSathi Research

Shalimar Pack, Through its Partner and Power of Attomey Holder Mr Vijaykumar Saraogi vs Navkar Packaging — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed on admission in terms of prayer clauses (a) and (b) of the plaint; refund of court fees as per rules; Court Receiver's report disposed of and Court Receiver discharged without passing of accounts, with its costs, charges and expenses payable within eight days of demand; Interim Applications disposed of as not surviving.

Issue for consideration

Whether the Suit should be decreed on admission in terms of prayer clauses (a) and (b) of the plaint pursuant to the consent terms executed between the parties.

Court's answer

The consent terms, signed by the Power of Attorney Holder of Plaintiff No. 1 and Plaintiff No. 2 and by the Defendant and the partners of the Defendant, are taken on record, marked 'X' for identification, and the statement made therein is accepted as an undertaking made to the Court.

Ratio / Principle

The Suit is decreed on admission in terms of prayer clauses (a) and (b) of the plaint, with refund of court fees as per rules.

Key takeaways

The Court Receiver is discharged without passing of accounts, and all costs, charges and expenses of the Court Receiver are to be paid within a period of eight days of demand being raised.ratio¶27
In view of the decree by consent, the Interim Applications do not survive for consideration and stand disposed of.ratio¶28

Detailed headnote1 paragraphs

Consent decree — Commercial IP Suit No. 142 of 2024 (Bombay High Court, Commercial Division) — On amicable settlement, consent terms signed by the plaintiffs' Power of Attorney Holder and by the Defendant and its partners were taken on record (marked 'X') and accepted as undertakings to the Court; the Defendant submitted to a decree on admission in terms of prayer clauses (a) and (b) of the plaint. The Suit was decreed accordingly, with refund of court fees as per rules. The Court Receiver was discharged without passing of accounts, its costs, charges and expenses being payable within eight days of demand. Both interim applications stood disposed of as not surviving for consideration.

Digitally signed by SHAGUFTA QUTBUDDIN SHAGUFTA PATHAN QUTBUDDIN Date: PATHAN 2026.04.22 18:27:56 +0530

67-IA-7171-2025.doc

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

INTERIM APPLICATION NO. 7171 OF 2025 WITH

INTERIM APPLICATION (L) NO. 5096 OF 2024 IN

COMMERCIAL IP SUIT NO. 142 OF 2024 WITH

COMMERCIAL IP SUIT NO. 142 OF 2024

SHALIMAR PACK Through its Partner and Power of Attomey Holder …Applicant/ Vijaykumar Saraogi Plaintiff

IN THE MATTER BETWEEN :

SHALIMAR PACK …Plaintiff

Through its Partner and Power of Attomey Holder Vijaykumar Saraogi

Versus

Navkar Packaging ...Defendant

Mr. Shekhar Bhagat for the Applicant/Plaintiff

Mr. Vinod A. Bhagat a/w Ms. Aishwarya Lad and Mr. Siddhant Gupta i/b Mr. Vinod A. Bhagat for the Defendant

——————

CORAM : SHARMILA U. DESHMUKH, J.

DATE : APRIL 21, 2026

P. C. :

1. This Court is informed that the dispute has been amicably settled

between the parties. The consent terms are tendered, which are taken

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67-IA-7171-2025.doc

on record and marked “X” for identification. The consent terms are signed by the Power of Attorney Holder of Plaintiff No. 1 and Plaintiff No. 2, and by the Defendant and the partners of the Defendant. The partners of the Defendant are present virtually and reiterate the terms of the consent terms. They submit to a decree on admission in terms of prayer clauses (a) and (b) of the plaint. The statement made in the consent terms is accepted as an undertaking made to this Court.

2. The Suit is decreed in terms of prayer clauses (a) and (b) of the plaint. Refund of court fees as per rules.

3. The Court Receiver’s report is disposed of. The Court Receiver is discharged without passing of accounts. All costs, charges, and expenses of the Court Receiver are to be paid within a period of eight days of demand being raised by the Court Receiver.

4. The Interim Applications do not survive for consideration and stand disposed of.

[SHARMILA U. DESHMUKH, J.]

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SQ Pathan