Hindustan Unilever Ltd. v. Ashok Narayan Kunwar

by JITENDRA SHANKAR NIJASURE Date:

2022.09.07 18:30:26 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.2304 OF 2022 IN COM IPR SUIT NO.135 OF 2022 WITH COURT RECEIVER'S REPORT NO.72 OF 2022 WITH LEAVE PETITION NO.20 OF 2022 Hindustan Unilever Ltd.

...Applicant/ Plaintiff

Versus

Ashok Narayan Kunwar ...Defendant ---------- Mr. Vinod Bhagat with Ms. Fatema Kalolwala and Ms. Prachi Shah i/ b. G.S. Hegde and V.A. Bhagat for the Plaintiff. Mr. C.M. Lokesh, for the Defendant.

Mr. E.B. Sivakumar, 1st Asstt. to CR is present. ---------- CORAM : R.I. CHAGLA J.

DATE : 30TH AUGUST, 2022.

ORDER :

1.

The parties have settled their dispute. The Consent Minutes of the Order dated 30th August, 2022 are tendered and taken on record and marked 'X' for identification. These are signed by the Advocates for the Plaintiff and Defendant. This order is passed in terms of the Consent Minutes of the Order marked 'X'. 1/3

2.

The Leave Petition No.20 of 2022 filed under Clause XIV of the Letters Patent Act is made absolute in terms of prayer clause (a).

3.

The undertakings, if any, in the Consent Minutes of the Order being accepted as undertakings to the Court. 4.

The Suit is disposed of and decreed in terms of prayer clauses (a), (b) and (c) of the Plaint and in accordance with Consent Minutes of the Order.

5.

The Court Receiver's Report No.72 of 2022 is also disposed of. The Court Receiver is discharged without passing of accounts and upon payment of costs, charges and expenses to be borne by the Plaintiff.

6.

The Interim Applications, if any, filed do not survive and are disposed of accordingly.

7.

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

8.

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

9.

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. 10.

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. [R.I. CHAGLA J.] 3/3