Bisleri International Private Limited v. Sandeep Jain

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 40551 OF 2025 IN COMMERCIAL IP SUIT NO. 709 OF 2025 WITH LEAVE PETITION NO. 2 OF 2026 Bisleri International Private Limited ...Applicant/ Plaintiff

Versus

Sandeep Jain ...Defendant ------ Mr. Vinod Bhagat a/w Ms. Twisha Singh i/b Mr. Vinod Bhagat, for the Plaintiff.

Mrs. Rucha Ambekar, Master Admin, Court Receiver. Ms. Nidhi i/b Ms. Pooja Jain (Through VC), for the Defendant. ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : March 04, 2026 P. C. :

1.

Mr. Bhagat, learned counsel for the Plaintiff tenders schedule of draft amendment. The same is taken on record. Considering the nature of amendment, the same is allowed. Amendment to be carried out within a period of 3 weeks. Re-verification is dispensed with. 2.

Mr. Bhagat submits that during the execution of the commission, the Court Receiver found additional infringing marks i.e "AMRAT 1 of

BISLIRI". He points out to the Court Receiver's Report which mentions the infringing products. He submits that as there is infringement of the Plaintiff's registered trade mark by use of deceptively sounding trademark as well as infringement of the label mark, ad-interim order of 19th December, 2025 be extended to the additional infringing marks of "AMRAT BISLIRI".

3.

Prima facie, upon perusal of additional infringing mark, it is evident that the infringing mark is visually and phonetically similar to the Plaintiff's registered mark and the Defendant has copied the essential features of the Plaintiff's original art work including colour scheme/ getup/ layout. In light of the same, the ad-interim relief granted by order of 19th December, 2025 is extended to the additional infringing mark of "AMRAT BISLIRI". Additional infringing goods have already been seized by the Court Receiver and forms part of the Court Receiver's Report. List the application for further consideration on 15th April, 2026.

4.

Ad-interim relief granted earlier to continue till the next date. LEAVE PETITION NO. 2 OF 2026 5.

The Petition has been filed under clause XIV of the Letters Patent (Bombay) for combining the cause of action of infringement of trademark and copyright with the cause of action for passing off. There 2 of

is no response filed by the Defendants to the Leave Petition. In order to avoid multiplicity of proceedings, Leave Petition is allowed. [SHARMILA U. DESHMUKH, J.] 3 of