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Bombay High CourtLPETN/95/2017disposed off

Hindustan Unilever Limited v. Balaji Chemical

2017-04-12Hon'Ble Shri Justice G.S. Patel2 pages

925-NMSL541-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 541 OF 2017 IN SUIT (L) NO. 154 OF 2017 WITH LEAVE PETITION NO. 95 OF 2017 Hindustan Unilever Ltd ...Plaintiffs

Versus

Balaji Chemical ...Defendants Mr Ashutosh Kane, with Vrinda Gambhir, i/b WS Kane & Co, for the Plaintiffs.

Mr Shekhar Bhagat, i/b MAG Legal, for the Defendants. CORAM: G.S. PATEL, J DATED:

12th April 2017 PC:- 1.

Mr Bhagat appears for the Defendant. He undertakes to file his vakalatnama within one week from today.

2.

By consent, the Leave Petition is made absolute. 3.

Mr Bhagat states that he has instructions to state that the Defendants submit to a decree in terms of prayer clauses (a), (b), (c) 12th April 2017

925-NMSL541-17.DOC and (d) of the Suit. Mr. Kane, therefore, does not press the prayer for damages.

4.

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.

5.

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. 6.

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.

7.

Notice of Motion (L) No. 541 of 2017 does not survive and is disposed accordingly.

8.

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