Bisleri International Private Limited vs Drink Well India — Bombay HC (2026) — LawSathi Research

Bisleri International Private Limited vs Drink Well India — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave Petition allowed; ad-interim relief of 5th January 2026 (prayer clauses (a), (b) and (e), with Court Receiver appointed) confirmed as interim relief, and interim relief extended to passing off in terms of prayer clauses (c) and (d); Interim Application allowed in terms of prayer clauses (a) to (d).

Issue for consideration

Whether the Leave Petition No. 239 of 2025 (leave under Clause XIV of Letters Patent (Bombay)) should be allowed so that claims arising out of the same set of transactions can proceed together. +1 more

Court's answer

Since the proceedings arise out of the same set of transactions and to avoid multiplicity of proceedings, the Leave Petition is allowed.

Ratio / Principle

A prima facie case exists for interim relief in terms of prayer clauses (c) and (d): the Plaintiff's proprietary right in the registered trademark and art work is evidenced by the registration certificate; the sales turnover and advertisement/promotional expenditure demonstrate goodwill and reputation in the 'BISLERI' mark and original art work; the Court's prima facie finding of deceptive similarity indicates misrepresentation; and, the impugned products being deceptively similar, there is a likelihood of injury to the Plaintiff which is required to be restrained.

Key takeaways

The commission under the Court Receiver has been duly executed and, despite service, none has appeared for the Defendants, indicating that the Defendants have no available defence; accordingly there is no reason why the ad-interim relief of 5th January 2026 should not be confirmed as interim relief.ratio¶¶29
The ad-interim relief granted on 5th January 2026 is confirmed as interim relief and the Interim Application is allowed in terms of prayer clauses (a) to (d).ratio¶¶30

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Sharmila U. Deshmukh, J.), 27 April 2026 — Bisleri International Private Limited v. Drink Well India and Anr., Interim Application No. 838 of 2026 in Commercial IP Suit No. 723 of 2025 with Leave Petition No. 239 of 2025. The Leave Petition for leave under Clause XIV of Letters Patent (Bombay) was allowed, none appearing for the Defendant though served, since the proceedings arise out of the same set of transactions and to avoid multiplicity of proceedings. On the interim application, the Court noted that by its order of 5th January 2026 it had made a prima facie finding that the impugned label mark is deceptively similar to the Plaintiff's registered 'BISLERI' trademark and depicts pirated art work, granting ad-interim relief in terms of prayer clauses (a), (b) and (e) and appointing a Court Receiver. Citing the registration certificate evidencing proprietary right, sales turnover of Rs. 2639 crores and promotional expenses of approximately Rs. 101 crores for FY 2023-2024 demonstrating goodwill and reputation, and the prima facie finding of deceptive similarity indicating misrepresentation and likelihood of injury, the Court held a prima facie case made out for interim relief in terms of prayer clauses (c) and (d) (passing off). The Receiver's commission having been duly executed and the Defendants absent despite service (indicating no available defence), the ad-interim relief of 5th January 2026 was confirmed as interim relief and the Interim Application was allowed in terms of prayer clauses (a) to (d).

86-IA-838-2026.doc

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

IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO. 838 OF 2026 IN COMMERCIAL IP SUIT NO. 723 OF 2025 WITH LEAVE PETITION NO. 239 OF 2025

Bisleri International Private Limited ...Applicant/ Plaintiff

Versus

Drink Well India And Anr.

...Defendants

Ms. Twisha Singh i/b Mr. Vinod Bhagat, for the Plaintiff.

——————

CORAM : SHARMILA U. DESHMUKH, J. DATE : April 27, 2026

P. C. :

LEAVE PETITION NO. 239 OF 2025

1. None appears on behalf of the Defendant, though served. As the

proceedings arise out of the same set of transactions, in order to avoid multiplicity of proceedings, Leave Petition is allowed.

INTERIM APPLICATION NO. 838 OF 2026

2. Learned counsel for the Applicant submits that on 5^th January, 2026, this Court had granted ad-interim relief in respect of infringement of trademark and copyright. She submits that as leave

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under Clause XIV of Letters Patent (Bombay) has been granted, the relief in respect of passing off be considered. She would further submit that despite service none appears on behalf of the Defendant and the ad-interim relief granted by order of 5^th January, 2026 be confirmed as interim relief.

3. By order of 5^th January, 2026, this Court had come to a prima facie finding, that the impugned label mark is deceptively similar to the Plaintiff’s registered trademark and is depicted in a pirated art work and ad-interim relief came to be granted. It is submitted that the sales turn over of the Plaintiff’s in respect of its trademark and the artistic work of “BISLERI” for the financial year 2023-2024 is to the tune of Rs. 2639 crores and the promotional expenses is approximately Rs. 101 crores.

4. Learned counsel for the Plaintiff would further point out the specimen sale invoices and advertisement material appended to the plaint. She would submit that by reason of the voluminous sales, the Plaintiff has earned substantial goodwill and reputation and the public associates registered trademark/trade dress with the Plaintiff.

5. The proprietary right of the Plaintiff in the registered trademark as well as art work is prima facie evidenced from the registration certificate placed on record. The sales turn over and the advertisement/promotional expenses would demonstrate the goodwill

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and reputation earned by the Plaintiff in respect of its registered trademark of “BISLERI” and the original art work. The fact that this Court has come to a prima facie finding of deceptive similarity indicates misrepresentation. As the impugned products are deceptively similar, there is likelihood of injury to the Plaintiff which is required to be restrained. Prima facie case has been made out for grant of interim relief in terms of prayer clauses (c) and (d).

6. By order of 5^th January, 2026, this Court had granted ad-interim relief in terms of prayer clauses (a), (b) and (e) and Court Receiver was appointed. The commission is duly executed and despite service, none appears on behalf of the Defendants which indicates that the Defendants do not have any defence available. There is no reason as to why the ad-interim relief granted on 5^th January, 2026 should not be confirmed as interim relief.

7. Ad-interim relief granted on 5^th January, 2026 is confirmed as interim relief. Interim Application is allowed in terms of prayer clauses (a) to (d).

[SHARMILA U. DESHMUKH, J.]

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