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2026 DAILYLAW 6382 (BOM)

Dayal Nathalal Bhanushali v. Kantilal Shankarlal Bhanushali

COMIP/218/2026 · 2026-09-03

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Judgment text

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981-COMIP-218-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO.218 OF 2026 WITH INTERIM APPLICATION (L) NO.25282 OF 2025 IN COMMERCIAL IP SUIT NO.218 OF 2026 Dayal Nathalal Bhanushali …Applicant/ Plaintiff Versus Kantilal Shankarlal Bhanushali & Anr. …Respondents/ Defendants Ms. Pooja Jain and Ms. Taniya Shaikh, for the Applicant/Plaintiff. Mr. Harshwardhan Karande i/b. Mr. Rushabh Vakhariya, for the Respondents/Defendants. Mr. Dayal Nathalal Bhanushali (through Video Conferencing), the Plaintiff, present. Mr. Kantilal Shankarlal Bhanushali (through Video Conferencing), Defendant No.1, present. Mr. Shankarlal Umarasi Bhanushali (through Video Conferencing), Defendant No.2, present. CORAM: MADHAV J. JAMDAR, J. DATED : 3rd SEPTEMBER 2026 P. C.: 1. Ms. Pooja Jain, learned Counsel appearing for the Plaintiff and Mr. Karande, learned Counsel appearing for the Defendants state that the parties have settled the dispute and tendered the Consent Terms. Page 1 Sonali 981-COMIP-218-2026.DOC 2. The Consent Terms are signed by the Plaintiff-Dayal Nathalal Bhanushali, the sole Proprietor of Lovely Waffers & Farsans and by Defendant No.1-Kantilal Shankarlal Bhanushali and Defendant No.2-Shankarlal Umarasi Bhanushali. The Plaintiff and the Defendants who are present through Video Conferencing state that they have settled the dispute in terms of the Consent Terms. 3. The Consent Terms are also signed by the respective Advocates. The respective Advocates identified the signatures of their respective parties. 4. Accordingly, the Consent Terms are taken on record and marked ‘X’ for identification. The said Consent Terms read as under Page 2 Sonali 981-COMIP-218-2026.DOC Page 3 Sonali 981-COMIP-218-2026.DOC Page 4 Sonali 981-COMIP-218-2026.DOC Page 5 Sonali 981-COMIP-218-2026.DOC Page 6 Sonali 981-COMIP-218-2026.DOC Page 7 Sonali 981-COMIP-218-2026.DOC Page 8 Sonali 981-COMIP-218-2026.DOC Page 9 Sonali 981-COMIP-218-2026.DOC Page 10 Sonali 981-COMIP-218-2026.DOC Page 11 Sonali 981-COMIP-218-2026.DOC Page 12 Sonali 981-COMIP-218-2026.DOC Page 13 Sonali 981-COMIP-218-2026.DOC Page 14 Sonali 981-COMIP-218-2026.DOC Page 15 Sonali 981-COMIP-218-2026.DOC 5. Various statements made in the Consent Terms are accepted as undertakings given to the Court. 6. The Commercial IP Suit is decreed in terms of the Consent Terms. 7. The refund of the Court fees is permitted as per the Rules. 8. The Interim Application is also disposed of in terms of the Consent Terms. 9. In view of the disposal of the suit in terms of the Consent Terms, Court Receiver Report stands disposed of. The Court Receiver is discharged without passing of accounts, subject to payment of costs, charges and expenses to be paid within two weeks by the Plaintiff on demand being made by the office of the Court Receiver. Cost of this report is fixed at Rs.5,000/- and the Court Receiver is permitted to recover the same from the balance available in the Suit account. [MADHAV J. JAMDAR, J.] Page 16 Sonali