Bombay High Court
LPETN/304/2026 of Fountain Hospitality Private Limited Vs Modcon Infrastructure Private Limited on 15 October 2026
COURT OF JUDICATURE AT BOMBAY ORDINARY
14.COMIP-257.26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO. 257 OF 2026
WITH
INTERIM APPLICATION (L) NO. 29074 OF 2026
WITH
LEAVE PETITION NO. 304 OF 2026
IN
COMMERCIAL IP SUIT NO. 257 OF 2026
Fountain Hospitality Private Limited
… Plaintiff
V/s.
Modcon Infrastructure Private Limited
...Defendant
______________________
Mr. Vanditta Malhotra Hegde a/w Mr. Ravina Rajpal, Mr. Rishi Mody, Ms. Archi Gala, Mr. Lavnish Kumar Sharma and Ms. Meera Patel i/by VMH & Associates for the Applicant/Plaintiff.
Mr. Amrish Arora, Managing Director of the Applicant/Plaintiff.
Mr. Subhankar Chakraborty, Mr. Sourajit Dasgupta, Mrs. Sayani Gupta and Mr. Darsh Parikh i/by R. V. J. Associates for the Defendant.
Mrs. Keya Biswas, Authorised representative of Defendant (through VC) present.
Mr. Deepak Bhalerao, 2nd Asstt. to Court Receiver present.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 15 OCTOBER 2026
P. C. :-
14.COMIP-257.26.DOC
Leave Petition No. 304
OF 2026
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1. Perused the averments in the Plaint and Leave Petition.
2. For the reasons set out in Leave Petition, the same is allowed in terms of prayer clause (a). Commercial IP Suit No.
3. Learned counsel appearing for the Plaintiff and Defendant state that Plaintiff and Defendant have settled the dispute and tendered the consent terms.
4. The consent terms are signed by Mr. Amrish Arora, Managing Director and Authorised Signatory of the Plaintiff. He has been authorised by Board Resolution dated 14 January 2026 which has been annexed to the consent terms. The consent terms are also signed by Ms. Keya Biswas, Director and Authorised Signatory of the Defendant. Ms. Keya Biswas who has been authorised by the Defendant- Modcon Infrastructure Private Limited by a Resolution passed in a meeting of the Board of Directors held on 12th October, 2056. The said Resolution is also annexed to the consent terms. Both Mr. Amrish Arora and Ms. Keya Biswas, who are present through video conferencing, state that the
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14. COMIP-257.26.DOC parties have settled the dispute in terms of the consent terms and they have signed the consent terms. The consent terms are also signed by respective advocates who identify the signatures of respective parties.
5. Accordingly, the Consent Terms are taken on record and marked as “X” for identification. A scanned copy of the Consent Terms is reproduced herein below:
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6. Various statements made in the Consent Terms are accepted as undertakings given to the Court.
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7. Accordingly, Commercial Intellectual Property Rights Suit No.257 of 2026 is decreed in terms of the Consent Terms.
8. Refund of Court fees as per rules.
9. In view of disposal of Commercial Intellectual Property Rights Suit No. 257 of 2026, nothing survives in Interim Application (L) No.29074 of 2026 and the same is also disposed of in terms of consent terms. [MADHAV J. JAMDAR, J.]
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