Hindustan Unilever Limited. v. Akash Jaiswal

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.06.16 10:48:34 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT (L) NO.4168 OF 2022 WITH INTERIM APPLICATION (L) NO.4172 OF 2022 WITH LEAVE PETITION NO.25 OF 2022 IN COMMERCIAL IP SUIT (L) NO.4168 OF 2022 Hindustan Unilever Ltd.

...Plaintiff V/S Akash Jaiswal & Anr.

...Defendants -------- Ms. Niyati Davawala i/by Laher Shah for Plaintiff. Mr. Sohil Gulabani for Defendants.

Ms. R. V. Rane, 2nd Assistant to the Court Receiver present. --------

CORAM

:

R. I. CHAGLA, J.

DATED :

13th JUNE, 2022.

P.C.

1.

The learned counsel appearing for the Defendants has sought one week time to fle Vakalatnama. The Vakalatnama shall be fled within a period of one week from today. 2.

The parties have settled their disputes. Consent Minutes of the Order dated 13th June 2022, have been tendered and taken on

record and marked 'X' for identifcation. These are signed by the Advocate for the Plaintiff and the Advocate for the Defendants. This order is passed in terms of Consent Minutes of the Order marked 'X'. 3.

The parties to the Suit have agreed in para 5 that the bottles/packets seized by the Court Receiver shall be opened by the parties in the presence of their respective representatives and the hand sanitizer gel/liquid shall be returned to the Defendants and the stickers/labels, packaging, etc. shall be forthwith destroyed. 4.

Further undertakings in the Consent Minutes of the Order which from part of this order shall be treated as undertaking to this Court. The Court Receiver appointed by this Court is discharged without drawing up of accounts and upon payment of cost of charges which shall be borne by the Plaintiff. The Court Receiver's Report No.120 of 2022 is accordingly disposed of. 5.

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

6.

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

7.

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

8.

The Registry is to ensure that the hard copy of the signed Consent Minutes of the Order is permanently retained on fle as part of the record and is not sent for destruction in the ordinary course. 9.

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 certifcate 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. 10.

copy of this order.

(R. I. CHAGLA, J.)