Franco-Indian Pharmaceuticals Private Limited v. Benatton Pharmaceutical Private Limited

1/2 5-IA-6676-2025 (OS).DOC

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.

_______

CORAM

:

ARIF S. DOCTOR, J.

th MAY, 2026 DATE :

P.C.

1.

Learned counsel for the parties have today tendered Consent Terms entered into between the Plaintiff and the Defendant Nos. 1 and 2. 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

2/2 5-IA-6676-2025 (OS).DOC 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. 3.

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.

4.

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

5.

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

6.

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.

7.

Refund of Court fees as per rule.

8.

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