Unilever Plc And ANR v. Ashok Kumar

37_IA3932_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3932 OF 2022 IN COMMERCIAL IP SUIT NO.367 OF 2022 Unilever PLC and another ...

Applicants / Plaintiffs Vs.

Ashok Kumar ...

Respondent / Defendant WITH LEAVE PETITION NO.16 OF 2022 WITH COURT RECEIVER REPORT NO.182 OF 2022 IN COMMERCIAL IP SUIT NO.367 OF 2022 ---- Mr. Vinod Bhagat a/w. Ms. Karan Khiani and Ms. Prachi Shah i/b. G. S. Hegde and V. A. Bhagat for Applicants / Plaintiffs. Ms. Rekha Rane, 2nd Assistant to the Court Receiver. CORAM : MANISH PITALE, J.

DATE : FEBRUARY 10, 2023 P.C. :

.

By order dated 02.03.2022, this Court granted ex-parte ad-interim reliefs in favour of the plaintiffs. The order was executed and the Court Receiver's Report was taken on record.

2.

Initially, this was a John Doe action but later on, the defendant was identified and appropriate amendments were carried out in the pleadings. The defendant was again served.

3.

By order dated 18.10.2022, this Court allowed the leave petition. Thereupon, this Court by the same order granted ad-interim relief in respect of the cause of action of passing off also. By the said order, the Receiver was discharged and the Court Receiver's Report was also disposed of.

1/2

37_IA3932_22.doc 4.

Even today when the application is called out, none appears on behalf of the defendant, despite service.

5.

Learned counsel for the applicants / plaintiffs was heard at length. This Court finds from the material on record that the impugned products are counterfeit products and the registered trademark as well as the subsisting copyright of the plaintiffs has been copied by the defendant. The plaintiffs have clearly made out a strong prima facie case in their favour. Balance of convenience is also in favour of the plaintiffs for the reason that in the absence of interim reliefs, the plaintiffs are bound to suffer grave and irreparable loss.

6.

In view of the above, ad-interim orders dated 02.03.2022 and 18.10.2022 are made absolute. The application is allowed in terms of prayer clauses (a), (b), (c) and (e).

7.

Interim Application is disposed of.

(MANISH PITALE, J.) Minal Parab 2/2