Hindustan Unilever Limited v. Krishwa Traders

7-IA-3252-2021+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2022.01.14 17:39:45 +0530 INTERIM APPLICATION NO. 3252 OF 2021 WITH LEAVE PETITION NO. 49 OF 2021 IN COMMERCIAL IP SUIT NO. 323 OF 2021 SHRADDHA KAMLESH TALEKAR Hindustan Unilever Limited ...Plaintiff/Applicant Vs.

Krishwa Traders ...Defendant Mr.Vinod Bhagat i/b G.S. Hegde and V.A. Bhagat for plaintiff/applicant.

CORAM : N. J. JAMADAR, J.

DATE : 14TH JANUARY 2022 (THROUGH VIDEO CONFERENCE) P.C.:

1.

Heard Mr. Bhagat, the learned counsel for the plaintiff. 2.

By an order dated 16th February 2021, ad-interim relief was granted in terms of prayer clauses (a) and (c). 3.

Mr.Bhagat informs the Court that the Court Receiver has executed the commission on 18th March 2021 and the infringing goods have been seized. The papers and proceedings were served on the defendant alongwith interim order and an affdavit of service dated 13th January 2022 is also fled. 4.

In view of the aforesaid submissions, I am satisfed that leave being granted under Clause XIV of the Letters Patent, this Shraddha Talekar, PS 1/2

7-IA-3252-2021+.doc Court will have jurisdiction to entertain action in passing off as well. Hence, Clause XIV petition is made absolute. 5.

Interim order granted by this Court on 16th February 2021 shall continue to operate till 15th February 2022, on which date, the application be listed before the Court for further ad-interim reliefs.

6.

The plaintiff shall give notice to the defendants about the listing of the matter on 15th February 2022.

( N. J. JAMADAR, J. ) Shraddha Talekar, PS 2/2