Hindustan Unilever Ltd. v. Sunrise Bioveda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 2715 OF 2022 WITH COMMERCIAL IPR SUIT (L) NO. 2709 OF 2022 Hindustan Unilever Limited ...

Applicant/Plaintiff

Versus

Sunrise Bioveda ... Defendant WITH LEAVE PETITION NO. 17 OF 2022 IN COMMERCIAL IPR SUIT (L) NO. 2709 OF 2022 Ms. Niyati Davawala i/b Laher Shah for the Applicant/Plaintiff. Mr. Suryank Rao for the Defendant.

Ms. R.V. Rane, 2nd Asstt. to C.R. present.

CORAM : R.I. CHAGLA, J.

DATED : 7th MARCH, 2022 ORDER :

The parties have settled their disputes. The consent minutes of the order dated 07.03.2022 has been tendered and which is taken on record and marked 'X' for identification. These are signed by the Advocates for the Plaintiff and the Advocate for the Defendant. 1/3

This order is passed in terms of the consent minutes of order. The Suit is disposed of and decreed in terms of prayer clauses (a), (b) and (c) of the plaint.

The parties have agreed that bottles/packets seized by the Court Receiver in the Defendant's premises shall be opened by the parties in the presence of their respective representatives and the hand sanitizer gel/liquid shall be returned to the Defendant and the stickers/labels, packaging etc. shall be forthwith destroyed.

In view of the consent minutes of order, the Plaintiff does not press for remaining relief including costs and damages. The Court Receiver is discharged without drawing up accounts upon payment of costs and charges which shall be borne by the Plaintiff. The Court Receiver's Report No.64 of 2022 dated 01.03.2022 is taken on record and disposed of in view of this order. Interim Application (L) No.2715 of 2022 and Leave Petition (L) No.17 of 2022 do not survive in view of the disposal of the above Suit and is accordingly disposed of.

Drawn up decree/order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply. 2/3

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

of this order.

Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.03.09 12:27:37 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) 3/3