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Bombay High CourtLPETN/75/2017disposed off

Unilever Plc. And ANR v. Berry Icecream

2017-03-22Hon'Ble Shri Justice G.S. Patel2 pages

910-NMS578-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 578 OF 2017 IN SUIT NO. 178 OF 2017 WITH LEAVE PETITION NO. 75 OF 2017 Unilever PLC & Anr ...Plaintiffs

Versus

Berry Ice cream ...Defendant Mr Ashutosh Kane, i/b Ms Akshata Kamath & Ms Ashwini Khalapurkar, i/b WS Kane & Co, for the Plaintiffs. Dr MS Deshpande, Court Receiver, present.

CORAM: G.S. PATEL, J DATED:

22nd March 2017 PC:- 1.

There is an ex parte ad-interim order dated 28th February 2017. The Defendant has been served. None appears for the Defendant, though served.

2.

The learned Advocates for the Plaintiffs will file Affidavit of Service on or before 31st March 2017.

22nd March 2017

910-NMS578-17.DOC 3.

The Clause XIV Leave Petition No. 75 of 2017 is made absolute.

4.

For the reasons set out in the order dated 28th February 2017, it is confirmed as the final order on this Notice of Motion. In addition, now that the Defendant has been served, there will also be an order in terms of prayer clause (b).

5.

The Notice of Motion is made absolute in these terms with costs. In addition, the Plaintiffs will be entitled to the actual costs of this Notice of Motion at the final hearing of the Suit. Compliance with Rule 596 of the High Court (OS) Rules is dispensed with. 6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 22nd March 2017