Hindustan Unilever Limited v. Shree Chemfood Private Limited

915-S159-17+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 159 OF 2017 WITH NOTICE OF MOTION NO. 565 OF 2017 WITH LEAVE PETITION NO. 86 OF 2017 Hindustan Unilever Ltd ...Plaintiffs

Versus

Shree Chemfood Pvt Ltd ...Defendants Mr Ashutosh Kane, with Vrinda Gambhir, i/b WS Kane & Co, for the Plaintiffs.

Mr Manoj K Singh, Power of Attorney Holder, of the Defendant, in person.

CORAM: G.S. PATEL, J DATED:

12th April 2017 PC:- 1.

For the reasons set out therein, the Leave Petition is made absolute.

2.

Mr. Manoj K Singh, Power of Attorney holder of the Defendant, who is personally present in Court, submits to a decree in terms of prayer clauses (a), (b), (c), (d) and (f) of the Suit. Mr. Kane, therefore, does not press the prayer for damages. 12th April 2017

915-S159-17+.DOC 3.

The Suit is decreed in these terms with no order as to costs. Drawn up decree is dispensed with. Refund of Court Fees, if any, in accordance with the Rules.

4.

The Court Receiver had sealed certain goods. These are to be destroyed after removing the goods from the impugned packaging by the Defendants at their cost within a period of 12 weeks. The Defendant will file an Affidavit of compliance within a period of sixteen weeks from today. The Defendant may reuse the goods. 5.

The Court Receiver stands discharged without passing accounts but on payment of his costs, charges and expenses within four weeks from today by the Plaintiffs.

6.

Notice of Motion No. 565 of 2017 does not survive and is disposed accordingly.

7.

All concerned to act on an authenticated copy of this Order. (G. S. PATEL, J.) 12th April 2017