Hindustan Unilever Limited v. Sunny Plastics

917-NMSL592-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 592 OF 2017 IN SUIT (L) NO. 166 OF 2017 WITH LEAVE PETITION NO. 101 OF 2017 Hindustan Unilever Ltd ...Plaintiffs

Versus

Sunny Plastics ...Defendant Ms Akshata Kamata, with Vrinda Gambhir, i/b WS Kane & Co, for the Plaintiffs.

Mrs K Rane, Section Officer from the Office of the Court Receiver, is present.

CORAM: G.S. PATEL, J DATED:

19th April 2017 PC:- 1.

Copies of the Notice of Motion, Plaint and Leave Petition are served. None appears for the Defendant despite service. An Affidavit of Service is filed.

2.

Petition No. 101 of 2017 for leave under Clause XIV is made absolute.

19th April 2017

917-NMSL592-17.DOC 3.

For the reasons set out in the ad-interim order dated 27th March 2017, it is confirmed as the final order on this Notice of Motion. In addition, there will be an interim order in terms of prayer clauses (c) and (f) of the Notice of Motion in respect of the relief in passing off.

4.

The Notice of Motion is made absolute in these terms with costs. In addition, the Plaintiffs will be entitled to recover the actual costs of this Notice of Motion at the final hearing of the Suit. 5.

It is noted that the Court Receiver appointed under the adinterim order has made an inventory and sealed certain goods with the offending mark.

6.

The Notice of Motion is disposed of in these terms. (G. S. PATEL, J.) 19th April 2017