Bisleri International Private Limited v. Mehi Food And Beverages Private Limited

901_COMIP_326_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 326 OF 2024 WITH LEAVE PETITION (LODGING) NO. 26803 OF 2024 WITH INTERIM APPLICATION (LODGING) NO. 26978 OF 2024 WITH COURT RECEIVER'S REPORT NO. 438 OF 2024 Bisleri International Private Limited ...

Applicant/Plaintiff vs.

Mehi Food and Beverages Private Limited ...

Respondent/Defendant Ms. Prachi Shah a/w. Ms. Ishita Maheshwari, i/b. Vinod A Bhagat for applicant/plaintiff.

Ms. Suvarna Joshi for respondent/defendant.

Mr. Gourav Agarwala, Director of respondent/defendant in person. CORAM : MANISH PITALE, J.

DATE :

09th APRIL, 2025 P.C. :

.

The learned counsel for the parties inform this Court that the disputes between the parties are now settled and that consent terms have been executed.

2.

The consent terms signed by the constituted attorney of the plaintiff and the authorized signatory for the defendant as well as their respective advocates, are tendered. The same are taken on record and marked 'X'. The authorized signatory/director of PRIYA KAMBLI PRIYA KAMBLI Date: 2025.04.09 17:30:08 +0530 defendant is present in Court, while the representative of plaintiff has joined the proceeding online.

3.

As per the consent terms, the defendant has agreed to suffer to 1/2

901_COMIP_326_24.doc a decree in terms of prayer clauses (a) to (f). The suit is disposed of as per the consent terms. Decree be drawn up accordingly. 4.

The leave petition is allowed by consent.

5.

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.

6.

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.

7.

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. 8.

Court fees shall be refunded as per rules. For the purpose of Section 43 of 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. 9.

In view of the disposal of the suit, pending applications, if any, also stand disposed of.

(MANISH PITALE, J) Priya Kambli 2/2