Hindustan Unilever Limited v. Vimal Washing Powder And ANR

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 5936 OF 2022 IN COMMERCIAL IPR SUIT (L) NO. 5930 OF 2022 Hindustan Unilever Limited ...Applicant/ Plaintiff

Versus

Shri Vimal Washing Powder & Anr.

...Defendants WITH LEAVE PETITION NO. 40 OF 2022 IN COMMERCIAL IPR SUIT (L) NO. 5930 OF 2022 ---------- Mr. Hiren Kamod along with Mr. Shwetank Tripathi, Ms. Charu Shukla, i/b Khaitan & Co for the Plaintiff.

Mr. Kartikeya Bahadur for the Defendant Nos. 1 and 3. Mrs. Rekha Rane, 2nd Asstt. to C.R. present.

---------- CORAM : R.I. CHAGLA J DATE :

19 April 2022 ORDER :

SHARAYU PANDURANG KHOT 1.

The parties have settled their disputes.

Digitally signed by SHARAYU PANDURANG KHOT Date:

2022.04.25 14:13:20 +0530 2.

Learned Counsel Mr Kamod for the Plaintiff has 1/4

tendered the draft amendment, which is taken on record and marked "X" for identifcation. By the draft amendment, Weltek Enterprises is proposed to be added as Defendant No. 3 in the cause title of the Suit Plaint and Interim Application as well as the consequential amendments in accordance with the draft amendment. Accordingly, leave has been sought to carry out the amendment in the Suit Plaint and Interim Application. 3.

Leave is granted.

4.

The Plaintiff shall carry out the amendment forthwith to the Suit Plaint and Interim Application in accordance with the draft amendment marked X. 5.

Re-verifcation is dispensed with.

6.

Learned Advocate for the Defendant Nos. 1 and 3 undertakes to fle Vakalatnama within a period of one week from the date of this order.

7.

Mr. Kamod has tendered Consent Minutes of Order, 2/4

which are signed by the respective Advocates for the Plaintiff and the Defendant Nos. 1 and 3. Consent Minutes of Order is taken on record and marked 'X-1' for identifcation. This order is passed in terms of the Consent Minutes of Order. 8.

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

9.

Court Receiver appointed by this Court stands discharged without drawing up accounts and on payment of costs and charges to be borne by the Plaintiff.

10.

In view of the discharge of the Court Receiver, the Court Receiver's Report No. 105 of 2022 is disposed of accordingly.

11.

All pending Interim Applications are also disposed of, as become infructuous.

12.

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

3/4

13.

A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter. 14.

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

15.

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.

[R.I. CHAGLA J.] 4/4