Metro Brands Limited v. Sainath Enterprises And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (ST.) NO.41416 OF 2025 Metro Brands Limited ...Plaintiff
Versus
Sainath Enterprises And Ors.
...Defendants WITH INTERIM APPLICATION (ST) NO. 41917 OF 2025 IN COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (ST.) NO. 41416 OF 2025 Metro Brands Limited ...Applicant
Versus
Sainath Enterprises And Ors.
...Respondents
WITH COURT RECEIVER REPORT NO.69 OF 2026 IN COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (ST.) NO. 41416 OF 2025 Metro Brands Limited ...Applicant
Versus
Sainath Enterprises And Ors.
...Respondents
WITH LEAVE PETITION NO. 251 OF 2025 IN COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS (ST) NO. 41416 OF 2025 Metro Brands Limited
...Petitioner
Versus
Sainath Enterprises And Ors.
...Respondents
Mr. Alhan Kayser (through Video Conferencing) a/w Varsha Vasave & Gauri Sansare i/b Avesh Kayser, for the Plaintiff (IA(L)/41917/2025 IN COMIP(L)/41416/2025).
Mr. Atmaram Patade a/w Shraddha Patil, Shanu Chaturvedi i/b Atmaram Patade, for the Defendants (IA(L)/41917/2025 IN COMIP(L)41416/2025.
Mr. Deepak Bhalerao, Second Assistant to Court Receiver, present. Mr. Shyamsunder Bhagwandas, Defendant No.3 and Mr. Mahendra L. Darge, Defendant No.2, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
11th JUNE 2026 PC:- 1.
Heard Mr. Kayser, learned Counsel appearing for the Plaintiff and Mr. Patade, learned Counsel appearing for the Defendants. 2.
Both the learned Counsel state that the parties have settled the dispute and tenders the 'Consent Terms'. The 'Consent Terms' are signed by the Authorized Signatory of the Plaintiff. The Company Resolution is produced at page No.19 of the 'Consent Terms'. Learned Counsel appearing for the Plaintiffs states that although the said Authorized Signatory is not available today, however, he has signed the 'Consent Terms' in his presence and he has identified the signature of the Authorized Signatory of the Plaintiff and the "Consent Terms" are agreeable to the Plaintiff.
3.
Mr. Patade, learned Counsel appearing for the Defendant, states that all the Defendants have signed the "Consent Terms" and Defendant Nos.2 and 3 who are the sole proprietor of Defendant Nos.1 and 4 respectively are present in Court. The Defendants No.2 and 3 who are personally in the Court, states that they have settled the disputes with the Plaintiff in terms of the Consent Terms and they have signed the Consent Terms.
4.
Mr. Patade, learned Counsel appearing for the Defendants states that, he identifies signatures of all the Defendants. The 'Consent Terms' are also signed by the respective learned Advocates appearing for the respective parties. Accordingly, the 'Consent Terms' are taken on record and marked as 'x' for identification. The 'Consent Terms' are reproduced herein below for ready reference :-
5.
Accordingly, the Suit is decreed in terms of the 'Consent Terms'. Various statements recorded in the 'Consent Terms' are accepted as undertaking given to this Court.
6.
Interim Application (Stamp) No. 41917 of 2025 and Leave Petition No. 251 of 2025 are also disposed of in terms of the Consent Terms.
7.
In view of disposal of Suit Court Receiver Report No.69 of 2026 stand disposed in terms of Prayer Clause (b). Court Receiver stand discharged without passing of accounts, subject to payment of costs, charges and expenses within two weeks by the Plaintiff on demand being made by the Office of the Court Receiver. [MADHAV J. JAMDAR, J.]