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2026 DAILYLAW 17832 (BOM)

Asian Paints Limited v. Babita Aggarwal

LPETN/246/2026 · 2026-10-12

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Judgment text

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52.COMIPL-23472.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT (L) NO. 23472 OF 2026 WITH INTERIM APPLICATION (L) NO.23848 OF 2026 WITH COURT RECEIVER REPORT NO.375 OF 2026 WITH LEAVE PETITION NO.246 OF 2026 IN COMMERCIAL IP SUIT (L) NO.23472 OF 2026 Asian Paints Limited … Plaintiff V/s. Babita Aggarwal ….Defendant ______________________ Ms. Deepu Gupta i/by Mr. Vinod A. Bhagat, for the Plaintiff. Mr. Pooja Chettiar i/by Ms. Priyanshi Goel & Ms. Jenny Somaiya for the Defendant. Mr. Yash Patade, Constituted Attorney of the Plaintiff present. Ms.Babita Aggarwal-Defendant (through VC) present. Mrs. Rucha Ambekar, Master (Adm.) Court Receiver present. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 12 OCTOBER 2026 P. C. :- Leave Petition No. 246 of 2026 1. Perused the averments in the Plaint and Leave Petition. Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.10.13 11:53:53 +0530 52.COMIPL-23472.26.DOC 2. For the reasons set out in Leave Petition No.246 of 2026, the same is allowed in terms of prayer clause (a). Commercial IP Suit (L) No. 23472 OF 2026 3. Ms. Gupta, learned counsel appearing for the Plaintiff and Ms. Chettiar, learned counsel for the Defendant state that the parties have settled the dispute and tender the ‘Consent Terms’. 4. The Consent Terms are signed on behalf of the Plaintiff- Asian Paints Limited by Mr. Yash Patade who is the Legal Executive and Constituted Attorney of the Plaintiff. The power of attorney is annexed as ‘Annexure-A’ to the Consent Terms. The Consent Terms are also signed by the Defendant-Ms.Babita Aggarwal, Proprietor of Bharat Paint Works. The Consent Terms are also signed by the respective Advocates and and the respective Advocates have identified the signatures of the respective parties. 5. Mr. Yash Patade, Constituted Attorney who is present in Court and Ms.Babita Aggarwal-Defendant who is present through Video Conferencing state that parties have settled the dispute in terms of the Consent Terms and have signed the Consent Terms. 6. Accordingly, the Consent Terms are taken on record and Page 2 PPN 52.COMIPL-23472.26.DOC marked as “X” for identification. A scanned copy of the Consent Terms is reproduced herein below: Page 3 PPN 52.COMIPL-23472.26.DOC Page 4 PPN 52.COMIPL-23472.26.DOC Page 5 PPN 52.COMIPL-23472.26.DOC Page 6 PPN 52.COMIPL-23472.26.DOC Page 7 PPN 52.COMIPL-23472.26.DOC Page 8 PPN 52.COMIPL-23472.26.DOC Page 9 PPN 52.COMIPL-23472.26.DOC Page 10 PPN 52.COMIPL-23472.26.DOC 7. Various statements made in the Consent Terms are accepted as undertakings given to the Court. 8. The demand draft which is mentioned in Clause No.6 of the Consent Terms is handed over to the learned counsel appearing for the Plaintiff by the learned counsel appearing for the Defendant. 9. Accordingly, Commercial Intellectual Property Rights Suit (L) No. 23472 of 2026 is decreed in terms of the Consent Terms. 10. Refund of Court fees as per rules. 11. As the Commercial Intellectual Property Rights Suit is disposed of, the Court Receiver stands discharged without passing accounts, subject to payment of costs, charges and expenses to be paid by the Plaintiff within two weeks from the demand being made by the office of the Court Receiver. 12. As the Court Receiver stands discharged, Court Receiver Report No. 375 of 2026 stands disposed of, subject to payment of cost of Rs.5000/-. 13. In view of disposal of Commercial Intellectual Property Rights Suit (L) No.23472 of 2026, nothing survives in Interim Page 11 PPN 52.COMIPL-23472.26.DOC Application (L) No. 23848 of 2026 and the same is also disposed of in terms of consent terms. [MADHAV J. JAMDAR, J.] Page 12 PPN