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Bombay High CourtCOMIP/320/2023withdrawn

Hindustan Unilever Ltd v. Ashok Kumar

2023-12-15Hon'Ble Shri Justice R. I. Chagla2 pages

904-IA(L) 1807.2023 in COMIP(L) 1702.2023.doc K.S. Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO.1807 OF 2023 IN COMMERCIAL IP SUIT NO. 320 OF 2023 Hindustan Unilever Limited ...Applicant/Plaintiff

Versus

Ashok Kumar (Unknown Person/s) ...Defendant WITH LEAVE PETITION (L) NO.2012 OF 2023 WITH COURT RECEIVER'S REPORT NO. 122 OF 2023 IN COMMERCIAL IP SUIT NO.320 OF 2023 ---------- Mr. Vinod Bhagat a/w Mr. Atif Sayyed, Ms. Shipra Yawalkar i/b Vinod A. Bhagat, Advocates for Applicant/Plaintiff. Ms. Charushila M. Vaidya, 2nd Asstt to Court Receiver. ---------- CORAM : R.I. CHAGLA, J.

DATE : 15TH DECEMBER, 2023.

ORDER :

KAVITA SUSHIL JADHAV 1.

Mr. Vinod Bhagat, learned Counsel appearing for the by KAVITA SUSHIL JADHAV Date: 2023.12.15 18:45:41 +0530 Applicant/Plaintiff has sought leave to withdraw Commercial IP Suit No.320 of 2023 on the ground that the Court Receiver through the 1/2

904-IA(L) 1807.2023 in COMIP(L) 1702.2023.doc Additional Special Receiver upon execution of the ex-parte ad-interim order dated 24th January, 2023 at the premises of the Defendant was unable to find the infringing goods belonging to the Plaintiff. 2.

In view thereof, Commercial IP Suit No.320 of 2023 is disposed of as withdrawn.

3.

The Court Receiver appointed by this Court is discharged without drawing up accounts and on payment of costs, charges and expenses to be borne by the Plaintiff.

10.

The Court Receiver's Report No.122 of 2023 is disposed of. 11.

The Interim Application (L) No.1807/2023 does not survive and is accordingly disposed of.

12.

Refund of Court Fees in accordance with the Rules. [R.I. CHAGLA, J.] 2/2